West Bengal

North 24 Parganas

CC/168/2018

Sri Tapan Debnath - Complainant(s)

Versus

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

Avijit Gope

11 Jan 2023

ORDER

DCDRF North 24 Paraganas Barasat
Kolkata-700126.
 
Complaint Case No. CC/168/2018
( Date of Filing : 06 Apr 2018 )
 
1. Sri Tapan Debnath
S/O Lt. Manindra Debnath, Vill.-sadpur, P.O.-Maslandpur, P.S.-Habra,
North 24 Parganas
West Bengal
...........Complainant(s)
Versus
1. Sahara India Commercial Corporation Ltd.
Sahara India Bhawan, 1, Kapoorthala Complex, Lucknow, Pin-226024
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sri Abhijit Basu PRESIDING MEMBER
 HON'BLE MS. Ms. Monisha Shaw MEMBER
 
PRESENT:
 
Dated : 11 Jan 2023
Final Order / Judgement

    

 

 

 

 

 

DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C. C.  No. 168/2018

 

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

          06.04.2018                                   20.04.2018                                        11.01.2023

 

Complainant/s:-                     

Sri Tapan Debnath, S/o. Late Manindra Debnath,

Vill-Sadpur, P.O. Maslandpur, P.S. Habra,

Dist-North 24 Parganas.

 

             -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 Credit Cooperative Society Ltd,

Its Branch office at Joygachhi, Jessore Road,

P.O. and P.S. Habra, North 24 Parganas,

 Pin-743263.

  

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

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

 

JUDGMENT / FINAL ORDER

 

            This is a complaint U/S. 12 of C.P. Act 1986 read with Section 13 of C.P.Act, 1986.           

 

            The brief facts of the case is as under-

 

The complainant stated that being convinced by the representative of the O.Ps and the complainant agreed to deposit money in the ‘Sahara India Commercial Corporation Ltd. as Sahara Fixed deposit Scheme. The complainant invested total Rs. 5,000/- for fixed deposit.

 

The opposite party issued the certificate  being No.010434671167 with account No.16322302104 dated 28.01.2008.

 

The opposite party issued said fixed deposit certificate. But even after maturity of the said scheme the complainant went to the office of the opposite parties for realizing and/or collecting the matured amount but the opposite parties was neglected and refused to refund the matured amount in spite of several demands by the  complainant. Hence the complainant filed this case for direction to the O.P. Nos. 1 and 2 to pay the matured value of the said scheme and other reliefs.

 

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

 

Reason for judgment

 

            Considering the petition of the complainant, and evidence of the complainant and documents filed we find that the complainant had deposited the amount as stated by the complainant and the O.P.Nos. 1 and 2 after maturity of the certificate failed and neglected to pay matured value. The O.P. Nos. 1 and 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 of complainant.

 

 

Contd/-2

           

 

 

 

C. C.  No. 168/2018

:: 2 ::

 

 

Hence,

                  it is ordered

 

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

 

The O.P. Nos. 1,2 are directed to pay the matured value in respect of said fixed deposit being No.010434671167 dated 28.01.2008. Upon production of 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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