DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 284/2021
Date of Filing: Date of Admission: Date of Disposal:
15.12.2021 30.12.2021 07.12.2022
Complainant/s:- | Amzad Hossain Dafader, S/o. Late Rajab Ali Dafadar, Hakimpur, Vill-Tarali, P.S.Swarupnagar, P.O. Hakimpur, North 24 Parganas, West Bengal-743273. =Vs.= |
Opposite Party/s:- | 1.Manager, Saharayn Universal Multipurpose Society Ltd, Regd. Office- 195, Zone -1, In front of D.B.Mall, M.P. Nagar, Bhopal, Madhya Pradesh-462011. 2.Sri Subrata Roy, Chairman of Sahara India Pariwar, P.O. P.S. Aliganj, Sahara Credit Cooperative Society Ltd, Sahara India Bhawan, Regd. Office-1, Kapoorthala Complex, Aliganj, P.O. and P.S. Aliganj, Lucknow -226024. 3. Sri Ashim Kumar Ghosh, Authorized Person, Authorized Centre, Code No. 180311321, Tentulia F.C. 1632 7385, Sahara India Tentulia Netaji Bazar Bridge Road, Vill and P.O. Tentulia, P.S. Swarupnagar, Dist- North 24 Parganas. |
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P R E S E N T :- Smt. Monisha Shaw …………………. Member.
:- Sri Abhijit Basu……………………….Member
JUDGMENT / FINAL ORDER
This is a complaint U/s. 35 read with Sectionn 38 (2) and 39 of the C.P. Act, 2019 as amended upto date.
The complaint is as follows:-
The complainant paid following amount to the opposite parties for two fixed deposit policy for 36 months.. The O.Ps issued two fixed deposit certificates after receiving the money. The opposite parties are carrying business non-banking financial institute under the name and style ‘Szaharayn Universal Multipurpose Society Ltd’. The O.Ps issued two fixed deposit certificates in favour of the complainant (Amzad Hossain Dafader).
Certificate Nos. Membership No. Date of Issue Amount deposited Matured date
1.304005153270 973855000074 14.02.2015 11,000/- 14.02.2018
2.304005153269 973855000074 14.02.2015 11,000/- 14.02.2018
The date of maturity was 14.02.2018. The complainant went for receiving his matured amount but the opposite parties did not refund the same. Hence, the complainant filed this case.
Issue for the case
1.Whether the case is maintainable or not?
2.Whether the complainant is entitled to get any relief or reliefs in this case?
Decision with Reasons
Considering the contention and written complaint and documents filed by the complainant and considering the facts and circumstances as well as naure and character of this case all the points are interlinked with each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.
It is revealed that the complainant paid total Rs. 22,000/- only to the O.Ps and O.Ps issued certificates regarding the same. As O.Ps deposited the money for his benefit and the O.Ps issued certificates but did not return money after matured period as stated above. Hence the complainant is the customer/ consumer of the opposite parties and the opposite parties are
Contd/-2
C. C. CASE NO. 284/2021
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the service provider herein, but the opposite parties failed to provide his service and committed unfair trade practice. As such we are of the view that the complainant is entitled to received his deposited amount and / or matured amount with interest and other relief as mentioned in ordering portion.
Thus all points are disposed accordingly.
Hence, for ends of justice
It is Ordered
that the case being No. 284/2021 be and the same is allowed exparte as the O.Ps did not appeared after receiving of notices on the date of argument the O.Ps were not also present.
The complainant do get this decree that the complainant is entitled to get matured amount of Rs. 22,000/- with 6% of interest from the date of maturity till recovery. Therefore it is also directed to the opposite parties to return the matured amount of certificate Nos. 304005153270 and 304005153269 total Rs. 22,000/-with 6% interest upon the matured amount from the date of maturity till recovery by maintaining formalities within two months. 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.
Dictated & Corrected by me
Member
Member Member
