Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP/OPs : None
Date of filing of the case :09.10.2020
Date of Disposal of the case :09.11.2023
Final Order / Judgment dtd.09.11.2023
The basic fact of the case is that the complainant Subrata Pal deposited the following amounts as fixed deposit to Sahara India Pariwar of Sahara e.Shine :-
(2)
Date of Investment | Investment of Rs. | Certificate No. | Maturity Amount & Maturity date |
27.12.2011 | 18,000/- | 351002195847 | 47,016/- as on 27.12.2019 |
27.12.2011 | 19,000/- | 351002195848 | 49,628/- as on 27.12.2019 |
27.12.2011 | 19,000/- | 351002195849 | 49,628/- as on 27.12.2019 |
After depositing the said sum of Rs.56,000/- at F.D. Scheme with the OP No.1 they gave F.D Certificates to the complainant. After maturity on 27.12.2019 complainant demanded the said matured amount at the office of OP No.1 of Sahara Credit Cooperative Society run by franchise branch namely Bilash Ghosh and another franchise of Karimpur namely N.K. Debnath but did not succeed. The complainant also went to the office of the OP No.1 and the OP No.2 requested to refund the said amount maturity money but they did not agree with that proposal. The complainant again went to the office of the OP NO.2 but they did not refund the maturity money instead they stated that they were unable to give the maturity money of Rs.1,46,272/-. Therefore, the cause of action for the present case arose on 27.12.2019. The complainant prayed for an award for Rs.1,46,272/- with up to date interest from the OPs, and Rs.1,00,000/- towards harassment and mental pain and agony together with litigation cost of Rs.50,000/-.
Several attempts were taken to serve the notice upon the OPs and the complainant also took steps as per order of the court. The said notice returned back with remark addressee left without instruction. Finally as per order number 28 the case was decided to be heard ex-parte.
Accordingly, the case is heard ex-parte against the OPs.
The complainant in order to substantiate the case adduced both oral evidence in the form of affidavit in chief and documentary evidence. The complainant also proved the original F.D. Certificates bearing number 351002195847, 351002195848 and 351002195849. The said certificates stand in the name of the complainant Subrata Pal which shows that a sum of Rs.18,000/- was invested on 27.12.2011with the OP company Sahara Credit Cooperative Society Limited through the agent Bilash Ghosh. Similarly a sum of Rs.19,000/- plus 19,000/- were invested on 27.12.2011 in the OP Sahara Credit Cooperative Society Limited through the agent Bilash Ghosh. Thus the complainant duly proved that he invested with the OP company the said sum of Rs.56,000/-. As per the said certificates total maturity value for the said three certificates amounts to Rs.1,46,272/-.
The complainant categorically stated in affidavit in chief through his evidence that the OP company did not refund the maturity money to the complainant after maturity despite repeated request by the complainant.
The entire oral and documentary evidence of the complainant stands unchallenged and undiscarded since the case is heard ex-parte against the OPs.
It is the specific case of the complainant that the OPs are liable to pay compensation for his harassment , trouble and mental pain and agony.
The OPs could not make out any defence case nor could they refute the allegations labelled against them.
Thus the complainant successfully proved that he invested the said money with the OP company but they did not refund the maturity money after the maturity of the said investment. So the complainant is entitled to get refund of the entire matured money under the fixed deposited certificates along with up to date interest.
(3)
Having assessed the entire oral and documentary unchallenged evidence of the complainant and the argument advance by the Ld. Advocate for the complainant, this Commission comes to the findings that the complainant successfully proved the case against the OPs up to the hilt ex-parte.
In the result the CC case succeeds ex-parte against the OPs.
Hence,
It is
Ordered
that the complaint case No. CC/136/2020 be and the same is allowed ex-parte against the OPs with cost of Rs.50,000/- (Rupees fifty thousand). The complainant do get an award for a sum of Rs.1,46,272/- (Rupees One lakh forty six thousand two hundred seventy two) towards refund of maturity money with up to date interest from the OPs, Rs. 1,00,000/- (Rupees One lakh ) towards compensation, mental pain and agony and Rs.50,000/- (Rupees fifty thousand) towards litigation cost. The OPs are jointly or severally responsible to pay the said sum of Rs.2,96,272/- (Rupees two lakh ninety six thousand two hundred seventy two) along with up to date interest to the complainant within 30 days from the date of passing the final order failing which the entire award money shall carry an interest of 8% per annum from the date of passing the final order till the date of its realisation.
D.A to note in the trial register.
The case is accordingly disposed of.
Let a copy of this final order be supplied to both the parties at free of costs.
Dictated & corrected by me
............................................
PRESIDENT
(Shri HARADHAN MUKHOPADHYAY,) ................ ..........................................
PRESIDENT
(Shri HARADHAN MUKHOPADHYAY,)
I concur,
........................................
MEMBER
(NIROD BARAN ROY CHOWDHURY)
