Consumer Complaint of Sahara Company Chandigarh Panchkula Mohali
FIRM TO PAY RUPEES 2.07L FOR UNFAIR TRADE PRACTICES
Facts of the case:
A Chandigarh based company, Sahara Q Shop Unique Products Range Limited, Lucknow; Sahara Housing Investment Corporation Limited and Ghanshyam S Arya were held guilty by the consumer forum of deficiency in services and unfair trade practices. Ghanshyam S Arya, inveigled the complainants to invest in Sahara India scheme, which he said promises high returns after maturity, convinced by his words the complainant deposited Rs. 1 Lakh on September 5, 2012, in the shape of FDR For a period of 6 years. Later, as per the scheme the complainant approached the company on maturity of the scheme to get his money back along with the benefits that he was to receive, the company refused to return the money of the complainant, counsel of the complainant then sent a legal notice to the company to claim the refund, to which the Sahara Company did not respond.
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In a reply to the consumer complaint, Sahara pleaded that the Q Shop was not a fixed deposit scheme and no FDR was ever issued by the company to the complainant and said that the account opened and the advance paid by the complainant was related to the Saraha Q Shop Unique Product range Company which was related to the purchase of products through which the customer can purchase product every month for a period of 6 years. Complainant said that if s per the scheme they had to purchase products then the Sahara company did not give any products that were promised.
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What do you understand by Unfair Trade Practices?
According to the section 2 (1) ( r) of the consumer protection Act, 1986, Unfair trade Practices are those trade practices which In order to promote sale of goods and services adopts any deceptive or unfair means or practice and misrepresents the quality, grade and standards of goods and services , falsely represents second hand, renovated, old goods to be new goods, represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have.
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In this case The Sahara Q Shop and it’s broker Mr. Ghanshyam S Arya, falsely represented the Sahara India scheme in the shape of a FDR and said that it promises high returns after maturity which made the complainant to deposit a sum of 1 Lakh, in the shape of FDR for a period of 6 years. Later, the complainant approached the company for his money according the scheme which was to give high return. The Sahara Q Shop refused to return any money and pleaded that there was no such scheme. In this case Sahara Q Shop had falsely represented the complainant in order to make him deposit a sum of Rs. 1 Lakh.
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Who can file a complaint?
Under section 2 (d) of the Consumer Protection Act, 1986 the term ‘Consumer’ has been defined :
- Consumer is a person who is the buyer of any goods for a consideration which has been paid or partly paid, promised to be paid or promised to be partly paid, it also includes any person who is the user of the goods, but it does not include any person who buys the goods in order to sell it again.
- Consumer is a person who hires or avails any service for a consideration which has been paid or partly paid, promised to be paid or promised to be partly paid, it also includes any person who is the beneficiary of the service, other than the person who has hired or availed the service for a consideration which has been paid, when such services are availed of with the approval of the said person.
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According to Section 12 (1) of The Consumer Protection Act, 1986, Complaint may be filed to the district court by –
- A customer to which the goods are sold or the services are provided.
- Any recognized consumer association to whose member the good is old or the service has been provided.
- One or more consumers having the same interest
- The Central or the State Government as the case may be.
In this case the complainant had paidRs 1 Lakh as a consideration for the Sahara India Scheme (FDR) which was to give high returns after the maturity (6 years) of the scheme. In this case the complainant was the beneficiary of the scheme (service) that was availed by him and was promised by the Sahara Q Shop.
Where is the complaint to be filed?
- Cases of upto 20 Lakhs, the complaint was to be filed in the District forum
- Cases of 20 Lakhs – 1 Crore, the complaint was to be filed in the State forum, the appeal cases from the lower forum was also to be dealt by the State forum.
- Cases of more than 1 Crore, the complaint was to be filed in the National forum.
In the said case the case was below 20 Lakh therefore the complaint by the complainant was filed in the district forum.
What are the remedies that are provide by the forum ?
- Removal of the defect that has been pointed out by the complainant
- Replacement of the defected goods by a similar new good.
- Refund of the consideration paid to the complainant.
- Compensation of the loss or injury that has been caused to the complainant by the opposite party.
- Removal of the defect or deficiency from the said services.
- Adequate cost is to be provided to the parties.
In this case the company Sahara Q Shop along with its broker, Mr. Ghanshyam S Arya had falsely represented the services that he provided to be a Sahara India Scheme, FDR which would give high returns to the consumers of the service after it’s maturity which was a period of 6 years in order to make the consumers invest in the services that were provided by them, but later after the maturity which was after the period of 6 years refused to pay the money back which was given by the consumers as consideration to the broker. The District consumer Forum held the company, Sahara Q Shop guilty of deficiency in service and unfair trade practices. The Forum directed the company to pay a sum of Rs.1.90 Lakh to the complainant and the forum also directed the company and the broker (Ghanshyam S Arya) of the company to pay a sum of Rs. 17000 to the complainant for the loss and litigant expenses.
For case specific advice, one can contact top/best/expert Consumer Protection Lawyer Advocate in Chandigarh Panckula Mohali practicing in Consumer Courts and State Commission across Tricity.
More on 99888-17966.