West Bengal

Dakshin Dinajpur

CC/81/2018

Sri Bablu Mohanta, S/O- Krishi Mohanta - Complainant(s)

Versus

The Sector Manager, Sahara India Pariwar, Balurghat Sector - Opp.Party(s)

Debashis Barman

05 Feb 2020

ORDER

The brief facts of the case is that the complainant is an investor of Sahara India Pariwar Balurghat Sector and he invested a total Sum of Rs. 1,28,150/- under Sahara Q Shop Unique Products Scheme to the Op No.1 on different dates and every occasion Op No.1 had issued money receipt in favour of the complainant. Due to some personal crisis the complainant wanted to withdraw the investment amount from the Ops and accordingly he submitted his prayer/claim before the Op No. 1 on several times but the Op No.1 kept mum. Lastly the complainant submitted his prayer for demand/claim to the Op No.1 on 06.07.2018 through registered post vide postal receipt No. EW870735059IN and thereafter in different occasion the complainant went to the office of Op No.1 for getting refund of the investment amount but the Op No.1 in every occasion took a new plea and did not pay any amount to the complainant. Under such circumstances the complainant has filed an instant case with a prayer to direct the Op to pay the aforesaid invested amount of Rs. 1,28,150/- along with benefits and interest as per Sahara Q shop scheme till realization and he further prays  further for direct the Op to pay compensation of Rs, 50,000/- for delay and mental agony caused to the complainant and he further prayed to pay a sum of Rs. 20,000/- towards litigation cost.

            Notice was issued upon the Ops and Ops have entered appearance and contested the case by filing a written version wherein the material averments made in the complaint are denied and it has been contended inter alia  that the instant is not maintainable. It has been submitted by the Ops that due to some litigations pending with SEBI and the Apex court regarding the financial transaction of Op group the payment has remained stopped and the Op craves leave of this Forum and prays for dismissal of the instant case. 

            In this case complainant has submitted his examination in chief supported by affidavit together with following documents by fiiristi.

1. Six original money receipts dt. 18.05.2012, 19.05.2012, 22.05.2012, 23.05.2012, 24.05.2012, 20.06.2012 issued by Sahara India Limited, (Sahara Q shop Unique products Range Limited) amounting to Rs. 23450/-, 23450/-, 13650/-, 20700/-, 23450/-, 23450/- respectively.
2. Voter ID card.
3. Claim format.

Ops have also submitted examination in chief of the sector manager of Sahara India Pariwar Balurghat sector Sri Joy Dutta Gupta by way of affidavit but no document is submitted on the side of the Op.

 

          Points for discussion:

 

1. Is the complainant a consumer to the opposite parties?
2. Is there any deficiency in service on the part of the opposite parties?
3. Is the complainant entitled to get any relief/reliefs as prayed for?

 

 

DECISION  WITH  REASONS

 

            Point-1 This is admitted position that the complainant has deposited a total sum of Rs. 128150/- as advance for Q Shop goods (Exist) plan –H under Sahara Q Shop Scheme of the Op. So there is no hesitation to hold that the complainant is a consumer to the Ops.  

Point No. 2 & 3 These two issues are taken up together for discussion for the sake of convenience and brevity. This is admitted position that the complainant has deposited a sum of Rs. 128150/- as advance under Sahara Q Shop Unique Product Scheme for Q Shop goods (Exist) plan –H to the Op and against such payment of  advance amount the Op has issued six money receipts dt.  18.05.2012, 19.05.2012, 22.05.2012, 23.05.2012, 24.05.2012, 20.06.2012 respectively in favour of the complainant.

Complainant has paid the aforesaid amount as advance for buying Sahara Q shop goods chosen from Ops broachers. But in the instant case there is no evidence that the complainant purchased any goods or any amount was adjusted against the advance amount deposited by the complainant. It further appears from the record that the said advance amount was deposited to the Op for a continuous period of six years. This is the case of the complainant that after expiry of six years when he meet with the Op for refund of the advance amount together with interest and other benefits Op  denied to make payment Which forced the complainant to file the present case. We have looked into the complainant, written version of the Ops, evidence and documents filed by the parties minutely. All these reveal that the complainant is a bona fide consumer of the Ops and he is entitled to get refund of the advance amount of Rs 1,28,150/- together interest but the Ops have failed to make payment and there is no denial of the fact about lack of responsibility in discharging duty on the part of the ops and their lies deficiency in service on the part of the Ops.  

            Hence,

O R D E R E D

 That the Consumer complaint case No.81/2018 be and the same is allowed on contest in part with cost against the Ops. Op No. 1& 2  are directed to pay a sum of Rs. 1,28150/- together with interest @ 8% p.a from the date of depositing the advance amount till realization by issuing an account payee chaque in favour of the complainant within 45 days from the date of passing this order. The Ops are further directed to pay a sum of Rs.5000/- towards litigation cost i.d. complainant has liberty to execute the order as per law.

            Let a plain copy of this order be supplied free of cost at once to the parties concerned.