West Bengal

North 24 Parganas

CC/156/2018

Shib Shankar Basu - Complainant(s)

Versus

Sahara India Commercial Corporation Ltd. - Opp.Party(s)

Avijit Gope

20 Jan 2023

ORDER

DCDRF North 24 Paraganas Barasat
Kolkata-700126.
 
Complaint Case No. CC/156/2018
( Date of Filing : 06 Apr 2018 )
 
1. Shib Shankar Basu
S/O Lt. Nirod Baran Basu, Vill.-Sadpur, P.O.-Maslandapur, P.S.-Habra, Pin-743289
North 24 Parganas
West Bengal
...........Complainant(s)
Versus
1. Sahara India Commercial Corporation Ltd.
Sahara India Bhawan, 1, Kapoorthala Complex, Alaganj, Lucknow, Pin-226024
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sri Abhijit Basu PRESIDING MEMBER
 HON'BLE MS. Ms. Monisha Shaw MEMBER
 
PRESENT:
 
Dated : 20 Jan 2023
Final Order / Judgement

 

 

    

 

DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C. C.  No. 156/2018

 

           Date of Filing:                         Date of Admission:                               Date of Disposal:                

          06.04.2018                                   16.04.2018                                        20.01.2023

Complainant/s:-                     

1.Sri Shib Shankar Basu, S/o. Late Nirod Baran Basu.

2. Smt. Mohua Basu, W/o. Sri Shib Shankar Basu,

Both are residing at Vill and P.O.Angargadia, Dist- Balasore,

Orissa, and also residing at Vill- Sadpur, P.O. Maslandpur,

P.S. Habra, Dist- North 24 Parganas, Pin-743289.

 

             -Vs-

 

Opposite Party/s:-

1.Sahara India Commercial Corporation Ltd,

Its regd. office at Sahara India Bhawan,

1, Kapoorthala Complex, Aliganj, Lucknow-226024.

2.Sahara India Commercial Corporation Ltd, its Sector office at

Habra,Jessore Road, North 24 Parganas, Pin- 743263.

 

P R E S E N                   :-       Smt. Monisha Shaw …………………. Member.

                                       :-        Sri Abhijit Basu……………………….Member

 

JUDGMENT / FINAL ORDER

 

            The complainant filed a case U/S. 12 of C.P. Act read with Section 13 of C.P. Act, 1986.

            The brief facts of the case is as under-

           

            The complainants stated that being convinced by the representative of the O.P and the

complainant agreed to deposit money in the ‘SAHARA INDIA COMMERCIAL CORPORATION LTD  as Sahara Unique Scheme.

 

            The complainant invested Rs.6,000/- and Rs.9,000/- (Total Rs. 15,000/-) dated 04.10.2007 for Sahara Unique Scheme.

 

            The opposite party issued the passbook being Account Nos. 917001549720 and 917001548721 and receipt Nos. 10291202249 and 10291202250 dated 04.10.2007, amounting Rs.6,000/- and Rs. 9,000/- respectively.

 

The opposite party issued said passbook account and receipt Nos. Even after maturity of the said scheme the complainants went to the office of the opposite parties for realizing and/ or collecting the matured amount but the opposite parties were neglected and refused to refund the matured amount in spite of several demands by the complainants. Hence the complainants filed this case for direction to the O.P. Nos. 1,2 to pay the matured value of the said scheme and other reliefs.

 

            O.P. Nos. 1,2 did not contest the case by filing written version after receiving the notice.

 

           

Reason for judgment

 

            Considering the petition of the complainants and evidence of the complainants and documents filed we find that the complainants had deposited the amount as stated by the complainant and the O.P. Nos. 1 to 2 after maturity of the certificate failed and neglected to pay the matured value and/or legitimate value. The O.P. Nos. 1 to 2 did not controvert the allegations of the complaint by filing any evidence or any oath. The complainant proved the case by swearing of affidavit which was not controverted by O.P. Nos. 1 and 2. Therefore, we find that the complainant has proved the case and is entitled to get the decree in favour complainant.

Contd/-2

           

 

 

 

C. C.  No. 156/2018

:: 2 ::

 

            Complainants invested money to O.P. Nos. 1,2 hence O.P.Nos. 1 and 2 are liable to refund the matured amount and/or legitimate amount.

 

Hence,

                  it is ordered

that the case be and the same is allowed exparte against O.P. Nos. 1 and 2.

 

The O.P. Nos. 1,2 are directed to pay the matured value in respect of said scheme being A/c. No. 917001548720 and 917001548721.being booking ID No. 68724700002 dated23.05.2012. Upon production original certificate and passbook 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 the date of judgment. failing which the complainant is at liberty to execute a decree according to law.

 

Let plain copy of this order be given to the parties free of cost as per CPR, 2005.  

 

Dictated & Corrected by

 

           Member

           

                                                                                              

           Member                                                   Member                                                                                                                                                             

 

 
 
[HON'BLE MR. Sri Abhijit Basu]
PRESIDING MEMBER
 
 
[HON'BLE MS. Ms. Monisha Shaw]
MEMBER
 

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