West Bengal

Nadia

CC/15/2018

Chiranjit Shil - Complainant(s)

Versus

Franchisee Branch Manager, Sahara Credit Cooperative Society Ltd. - Opp.Party(s)

13 Feb 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
NADIA
170,DON BOSCO ROAD, AUSTIN MEMORIAL BUILDING.
NADIA, KRISHNAGAR
 
Complaint Case No. CC/15/2018
( Date of Filing : 13 Feb 2018 )
 
1. Chiranjit Shil
S/o : Late Suresh Shil, Vill- Karali Math, P.O. Bilwagram, P.S.- Nakashipara, PIN 741126
NADIA
WEST BENGAL
...........Complainant(s)
Versus
1. Franchisee Branch Manager, Sahara Credit Cooperative Society Ltd.
Bethuadahari Branch,Sahara India Parivar. P.O. Bethuadahari, P.S. Nakashipara PIN 741126
NADIA
WEST BENGAL
2. Regional Manager, Sahara India Commercial Cooperation Ltd.
Sahara India Parivar, Vivekananda Nagar, Badamtala,(Near bank of India) Madhyamgram, PIN 700130
24 Pgs (N)
WEST BENGAL
3. M.D. (Subrata Roy) Sahara India Commercial Cooperation Ltd
Sahara India Parivar, Sahara India Bhawan 1, Kapoortahla Complex Aliganj , Lucknow PIN 226024
Lucknow
U P
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SHYAMALENDU GHOSAL PRESIDENT
 HON'BLE MRS. SMT. ASHOKA GUHA ROY (BERA) MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 13 Feb 2019
Final Order / Judgement
Ld. Advocate(s)
For Complainant .. Makbul Rahaman
For OP/OPs .. Amal Kr. Dawn & Sudipta Sen
Date of Filing : 13.02.2018
Date of Disposal : 13.02.2019
 
 
:    JUDGMENT & ORDER  dtd. 13.02.2019  :
 
Nonpayment of the maturity value of three investment plans (R.D. Scheme) of the depositor herein, the complainant has obliged him to lodge this complaint u/s 12 of the C.P. Act 1986 for redressal.
The brief fact of the case is that the complainant had three R.D. Scheme bearing A/C. Nos. 63944000252, 63944000253 and 63944000254 with the OP No.1.  During the period according to the scheme, the complainant had deposited Rs.18,000/-, Rs. 24,000/- and Rs.18,000/- in the three accounts for the tenure of five years.  According to the condition of the RD Scheme, the complainant is entitled to get total refund amount of Rs.60,000/- together with up-to-date interest as per norms of the OPs.  The complainant has made claim as per rule but no payment has been made by the OPs.  The complainant in his averment had prayed for directing the OPs to get the refund amount of Rs. 60,000/- together with up-to-date interest as per norms of the OPs till the date of full realization, a compensation of Rs.20,000/- & other reliefs.
After receiving the notice Amal Kumar Dawn & Sudipta Sen on behalf of Sahara India Pariwar appeared before this Forum several times but they did not file any W.V.  They also verbally submitted that the OPs are not in a position to make payment to the complainant. 
On argument the Ld. Lawyer for the complainant argued that he had submitted proper demand notice but the OPs gave no reply.  
From the above discussion and as per the original receipts of the above RD Scheme which are in the record, it is clear that the complainant is entitled to get the refund amount of Rs. 60,000/- together with up-to-date interest as per norms of the OPs.  It is the deficiency in service on the part of the OPs not to make payment of the refund amount in time.  The complainant is not responsible for the internal disturbance of the OPs Company.
Hence, it is
                                                O R D E R E D,
That the OPs are directed to refund of Rs. 60,000/- + up-to-date interest to the complainant as per norms of the OPs within 30 days from the date of this order, failing which an interest @ 10% p.a. shall be imposed on the total amount up to the date of this order.  A compensation of Rs. 15,000/- for harassment, mental pain and agony is to be paid to the complainant by the OPs within 30 days from the date of this order.
The case be and the same succeeds on contest against the OPs.  
            Let a plain copy of this order be supplied to the parties forthwith free of cost.
 
 
[HON'BLE MR. SHYAMALENDU GHOSAL]
PRESIDENT
 
[HON'BLE MRS. SMT. ASHOKA GUHA ROY (BERA)]
MEMBER

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