West Bengal

Nadia

CC/138/2017

Swarup Dey. - Complainant(s)

Versus

Franchisee Branch Manager, Sahara India Real Estate Corporation Ltd. - Opp.Party(s)

17 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
NADIA
170,DON BOSCO ROAD, AUSTIN MEMORIAL BUILDING.
NADIA, KRISHNAGAR
 
Complaint Case No. CC/138/2017
( Date of Filing : 01 Dec 2017 )
 
1. Swarup Dey.
W/o Triloknath Dey P.O. Bethuadahari, P.S. Nakashipara PIN 741126
NADIA
WEST BENGAL
...........Complainant(s)
Versus
1. Franchisee Branch Manager, Sahara India Real Estate Corporation Ltd.
Bethuadahari Branch,Sahara India Parivar. P.O. Bethuadahari, P.S. Nakashipara PIN 741126
NADIA
WEST BENGAL
2. Regional Manager, Sahara India Real Estate Corporation Ltd.
Sahara India Parivar, Vivekananda Nagar, Badamtala,(Near bank of India) Madhyamgram,Kolkata 700 130
24 Pgs (N)
WEST BENGAL
3. M.D. (Subrata Roy) Sahara India Real Estate Corporation 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 MR. NARAYAN CHANDRA CHATTERJEE MEMBER
 HON'BLE MRS. SMT. ASHOKA GUHA ROY (BERA) MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 17 Jan 2019
Final Order / Judgement

Ld. Advocate(s)

          For Complainant   .. Makbul Rahaman

          For OP/OPs     .. Sudipta Sen

 

Date of Filing           : 01.12.2017

Date of Disposal      : 17.01.2019

 

:    JUDGMENT & ORDER  dtd. 17.01.2019   :        

 

 Nonpayment of the maturity value of one investment plan (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 one R.D. Scheme bearing A/C. number 378060762598 with the OP No. 1 for sixty months started on  13.04.2011.  During the period according to the scheme, the complainant had deposited in total Rs. 14,400/-.  According to the condition of the R.D. Scheme, the complainant is entitled to refund total deposited money of Rs. 14,400/- + 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 make payment of  Rs.14,400/- + up to date interest as per norms of the OPs,  a compensation of Rs. 10,000/- for harassment and mental agony and other reliefs.

After receiving the notice one Sudipta Sen on behalf of the Sahara India Parivar appeared before this Forum several times but he did not file any written version. He 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 original documents which are in the record, it is clear that the complainant is entitled to get the maturity amount of Rs. 14,400/- 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 maturity amount in time.  The complainant is not responsible for the internal disturbance of the OPs.

Hence, it is

                                               O R D E R E D,

That the OPs are directed to refund of Rs. 14,400/- + 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. 7,000/-  for harassment, mental pain and agony and litigation cost of Rs. 5,000/- are 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.

 Let a plain copy of this order/judgment be furnished to the parties forthwith free of cost.

 
 
[HON'BLE MR. SHYAMALENDU GHOSAL]
PRESIDENT
 
[HON'BLE MR. NARAYAN CHANDRA CHATTERJEE]
MEMBER
 
[HON'BLE MRS. SMT. ASHOKA GUHA ROY (BERA)]
MEMBER

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