West Bengal

Burdwan

CC/110/2018

Sushila Singh - Complainant(s)

Versus

SAHARA INDIA PARIWAR - Opp.Party(s)

Suvro Chakraborty

24 Jan 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
166 Nivedita Pally, Muchipara, G.T. Road, P.O. Sripally,
Dist Purba Bardhaman - 713103
 
Complaint Case No. CC/110/2018
( Date of Filing : 09 Jul 2018 )
 
1. Sushila Singh
East Nimcha Colliery, P.O. Egara, P.S. Raniganj PIN 713323
Paschim Barddhaman
...........Complainant(s)
Versus
1. SAHARA INDIA PARIWAR
School More, Raniganj, P.O. & P.S. Raniganj, PIN 713347
Paschim Bardhaman
West Bengal
2. Zonal Manager, SAHARA INDIA PARIWAR
Sahara India Sadan,2A, Shakespeara Sarani, Kol 71
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Jayanti Maitra Roy PRESIDENT
 HON'BLE MS. Nebadita Ghosh MEMBER
 HON'BLE MR. Sailaranjan Das MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 24 Jan 2020
Final Order / Judgement

Date of filing: 09.07.2018                                                                       Date of disposal: 24.02.2020

 

Complainant:              Smt. Sushila Singh, W/o. Late Ramananda Singh, Resident of East Nimcha Colliery, P.O. Egara, P.S. Raniganj, District: Paschim Barddhaman, PIN -713 323.

- V E R S U S -

 

Opposite Party:  1.      Sahara India Pariwar, Represented by its Sector Manager, having its office at School More, Raniganj, P.O. & P.S. Raniganj, District: Paschim Barddhaman, PIN -713 347.

                            2.     Zonal Manager, Sahara India Pariwar, having its office at Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata - 700 071.

Present:

           Hon’ble President: Smt. Jayanti Maitra (Ray).

Hon’ble Member: Smt. Nivedita Ghosh.

Hon’ble Member: Mr. Sailaranjan Das.

 

Appeared for the Complainant:                         Ld. Advocate, Suvro Chakraborty.

Appeared for the Opposite Party Nos. 1 & 2: Ld. Advocate, Sourav Kumar Mitra.

 

J U D G E M E N T

 

The fact in brief is that the complainant Smt. Sushila Singh (hereinafter called the complainant) made a deposit of Rs.10, 000=00(Ten Thousand) each in six accounts on 28.03.2002 with the date of maturity on 28.03.2014 and two account of Rs.10, 000=00(Ten Thousand) each on 29.02.2000 with date of maturity on 29.02.20214. On maturity of the above fixed deposits, the complainant approached the O.P. but till date the O.P. have not disbursed the amount on various pretext. Being aggrieved there by the instant complaint has been filed with the following prayers:

  1. Directing the O.Ps to pay Rs. 3, 80, 000=00 in favour of your complainant,

 

  1. Directing the O.P. to pay interest @ 18% per annum upon Rs.3, 80,000=00 from 29.02.2014 to till date of realization and

 

 

  1. Directing the O.P. to pay a sum of Rs. 50, 000=00 to your complainant as compensation towards mental pain and agony.

 

The complaint was duly served upon the O.Ps. and the O.Ps. entered appearance and filed written versions but thereafter no one is appearing for the O.Ps. In the interest of justice, we think fit and proper that this being a short matter can be disposed off based on the written version. We have gone through the written versions. On perusal of the written version, it is seen that the O.P. have very casually denied all the allegations. However they have not given any cogent reason for non-payment of the amount which was due to be paid to the complainant on maturity. There has been no denial on the part of the O.P that complainant had never made such deposits with them.

 

 Therefore, we are satisfied that this is a fit case where there is deficiency in service on the part of the O.P. Therefore we direct that the O.P. shall pay the maturity amount in respect of all the fixed deposits (Total Eight Numbers) amounting to Rs.3, 80,000=00 (Three Lakh Eighty Thousand). They shall further pay penal interest @ 11 % from the date of maturity till the date of payment. The payment shall be made within a period of two months (60 days) from the date of communication of this order failing which the O.P. shall be liable to pay penal interest @ 14 % with compound quarterly. There shall be a cost of Rs.5, 000=00 for mental pain, agony and harassment to the complainant and litigation of Rs.2000=00. The complaint is disposed off accordingly.

 

Hence, it is               

                                   

O r d e r e d

 

that the present Consumer Complaint being No. 110/2018 be and the same is allowed on contest against the OP Nos. 1 & 2 with a direction to the O.P. Nos.1 & 2 to pay either jointly or severely the maturity amount in respect of all the fixed deposits (Total Eight Numbers) amounting to Rs.3,80,000=00 (Rs. Three Lakhs Eighty Thousand) only along with interest @11 %  per annum from the date of maturity within 60 (sixty) days from the date of passing of this award, failing which, the above amount (Rs. 3,80,000 + 11% interest) will carry 14% penal interest per annum till the date of payment. The OP Nos. 1 & 2 are further directed to pay either jointly or severally Rs. 5,000=00 (Rs. Five thousand) only as compensation towards mental pain, agony & harassment and Rs. 2,000=00 (Rs. Two thousand) only as litigation cost within 60 (sixty) days from the date of passing of this award, in default, the complainant is at liberty to put the award in execution as per provisions of law.

 

Let plain copies of this order be supplied to the parties free of cost as per provisions of law.

Dictated & Corrected by me:                                                              (Jayanti Maitra (Ray)

                                                                                                                      President

    (Sailaranjan Das)                                                                      DCDRF, Purba Bardhaman

                 Member

   DCDRF, Purba Bardhaman                                                                                                                       

 

                                                        (Sailaranjan Das)                                (Nivedita Ghosh)

                                                         Member                                                Member

                                         DCDRF, Purba Bardhaman                 DCDRF,Purba Bardhaman

 
 
[HON'BLE MRS. Jayanti Maitra Roy]
PRESIDENT
 
 
[HON'BLE MS. Nebadita Ghosh]
MEMBER
 
 
[HON'BLE MR. Sailaranjan Das]
MEMBER
 

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