DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 197/2019
Date of Filing: Date of Admission: Date of Disposal:
18.06.2019 27.06.2019 06.05.2022
Complainant/s:- | Smt. Sonali Chowdhury, W/o. Subrata Chowdhury, Vill-Sahapara, Maslandpur, P.O.Maslandpur, P.S. Habra, Dist- North 24 Parganas, Pibn-743289. = Vs = |
Opposite Party/s:- | 1.Hamara India Credit Cooperative Society Ltd, its regd. office At Mangal Jyoti, 101, 227?2, A.J.C. Bose Road, Kolkata-700020. 2. Hamara India Credit Cooperative Society Ltd, its Sector Office at New Ashirbad Bhawan, Joygachhi, Jessore Road, P.O. & p.s. Habra, North 24 Parganas, Pin-743263. 3. The Regional Manager, Hamara India Credit Cooperative Society Ltd, Badamtala, Madhyamgram, P.O. and P.S. Madhyamgram,Dist- North 24 Parganas, Kolkata-700129. 4. The Regional Director, SEBI, L and T Chambers, 3rd Floor, 16, Camac Street, P.O. and P.S. Shakespeare Sarani, Kolkata-700017. |
P R E S E N T :- Shri Debasis Mukhopadhyay…………President.
:- Smt. Monisha Shaw …………………. Member.
JUDGMENT/FINAL ORDER
This is a complaint under Section 12(13) of the C.P. Act, 1986.
The complainant stated that in the first part of February, 2016 one officer of O.P. No.2 convinced the complainant to invest in the scheme of O.P- company and the complainant in Golden VM-36 scheme and deposited a sum of Rs. 2,74,200/- for 36 months and to that effect O.P. No.2 issued 28 number of certificates out of which 26 numbers of certificates being Nos. 16326404054, 16326404055, 16326404056, 16326404057, 16326404058, 16326404059, 16326404060, 16326404061, 16326404062, 16326404063, 16326404064, 16326404065, 16326404066, 16326404068, 16326404069, 16326404070, 16326404071, 16326404072, 16326404073, 16326404074, 16326404075, 16326404076, 16326404077, 16326404078, 16326404079, 16326404080 having each certificate amounting to Rs. 10,000/- and 2 number of certificate being Nos. 16326404067 and 16326404081 having each certificate amounting to Rs. 7,100/- and opening date of all the certificates were 09.02.2016. But the O.P. No.2 failed and neglected to pay the matured value amounting to Rs. 4,21,172/- after the maturity date on 09.02.2019. Since the O.Ps failed and neglected to pay the matured value of the aforesaid certificates in spite of repeated requests and demand the complainant filed this case for a direction to the O.P. Nos. 1 to 3 to pay the matured value in respect of the certificate Nos. 54 to 81 and for other reliefs.
The O.Ps contested the suit by filing written version denying the allegations of the complainant. The O.Ps submitted that there was no merit in the complaint and it was not maintainable. Hence the O.Ps prayed for dismissal of the case. After filing the written version the O.Ps did not adduce evidence or contest the case.
Upon consideration of the contention of the parties it is found that the point for consideration in this case are whether the case is maintainable and whether the complainant is entitled to get the reliefs as prayed for.
Contd/-2
C.C. No. 197/2019
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Decision with Reasons
Ld. Advocate for the complainant submitted that the complainant deposited the amount as stated in the complaint but the O.P. Nos. 1 to 3 refused to give the maturity value of the certificates in spite of several representations to that effect. He prayed for the decree in favour of the complainant as prayed for.
None appeared for the O.Ps to argue the case.
Considering the petition of complaint , the written version of the O.Ps and the evidence of the complainant and the documents filed we find that the complainant has produced the copy of the certificates from which it is evident that the complainant had deposited the amount as stated by the complainant and the O.Ps after maturity of the certificates failed and neglected to pay the maturity value. The O.Ps did not controvert the allegations of the complaint by filing any evidence on oath. The complainant has proved her case by swearing of affidavit which was not controverted by the O.Ps. Therefore, we find that the complainant has proved her case and is entitled to get the decree in her favour.
Hence,
it is Ordered,
that the case be and the same is allowed on contest against the opposite partied.
The O.P. Nos. 1, 2 and 3 are directed to pay the matured value in respect of Certificate Nos. 54 to 81 dated 09.02.2016 upon production of the original certificates and documents of deposit by the complainant along with interest thereon at the rate of 6% p.a from the date of maturity till payment of the same within two months from this date, failing which the complainant is at liberty to execute the decree according to law.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Dictated & Corrected by me
President
Member President
