West Bengal

Nadia

CC/105/2018

Samir Sarkar - Complainant(s)

Versus

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

24 Jul 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
NADIA
170,DON BOSCO ROAD, AUSTIN MEMORIAL BUILDING.
NADIA, KRISHNAGAR
 
Complaint Case No. CC/105/2018
( Date of Filing : 25 Jul 2018 )
 
1. Samir Sarkar
S/o- Late Biren Sarkar Vill. Gobrapota P.O. Gobrapota P.S. Kotwali, PIN 741103
NADIA
WETS BENGAL
...........Complainant(s)
Versus
1. Franchisee Branch Manager , Sahara Credit Cooperative Society Ltd.
Krishnagar Branch, Sahara India Parivar, 5/4, D.L. Roy Rd. P.O. Krishnagar, P.S. Kotwali PIN 741101
NADIA
WEST BENGAL
2. Regional Manager, Sahara Credit Cooperative Society Ltd.
Sahara I ndia Parivar, 50/2 Karbala Rd., P.O.- Cossimbazar Raj, P.S. Berhampore, PIN 742102
Murshidabad
WEST BENGAL
3. Area Manager, Sahara Credit Cooperative Society Ltd.
Sahara I ndia Parivar, 3rd Floor, Sefali Sadan, Opposite L.I.C. Office S.F. Road, P.O. Siliguri, PIN 734005
Darjeeling
WEST BENGAL
4. M.D. (Subrata Roy)
Sahara Credit Cooperative Society 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 : 24 Jul 2019
Final Order / Judgement

Ld. Advocate(s)

          For Complainant    .. Mukbul Rahaman

           For OP/OPs      .. Golum Ashik & Mridula Roy

 

Date of Filing           : 25.07.2018

Date of Disposal      : 24.07.2019

 

:    JUDGMENT & ORDER  dtd. 24.07.2019   :        

 

Nonpayment of the maturity amount of two fixed deposits 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 two F.D certificates bearing  numbers  925 003004107 and 925 003004108 for the amount of Rs. 13,000/- + Rs.13,000/-  = Rs.26,000/- with the OP No.1 for the period from 28.09.2016 to 28.03.2018, i.e., for the period of 18 months.  According to the condition of the F.D. Scheme, the complainant is entitled to get the maturity amount of Rs. 15,119/- + Rs. 15,119/- = Rs.30,238/- + 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 refund of Rs. 30,238/- + 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, the Ld. Lawyer on behalf of the OPs Sahara India Parivar appeared before this Forum several times and filed a written version on the ground stated therein which is kept in the record.  Thereafter he never came to this Forum.  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.30,238/- 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 hereby directed to refund of Rs.30,238/- + 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. 4,000/- for harassment and mental agony is to be paid to the complainant by the OPs within 30 days from the date of this order.

That the case be and the same succeeds on contest against the OPs.

            Let a plain copy of this judgment be supplied 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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