West Bengal

Kolkata-II(Central)

CC/157/2018

Purnima Karmakar - Complainant(s)

Versus

Sahara Pariwar Pvt. Ltd. - Opp.Party(s)

Kingshuk Karnakar

14 Sep 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/157/2018
( Date of Filing : 09 Apr 2018 )
 
1. Purnima Karmakar
109B, Akhil Mistry lane, P.S. Muchipara, P.O.Amherstreet, Kolkata-700009.
...........Complainant(s)
Versus
1. Sahara Pariwar Pvt. Ltd.
Corporate office at 2A, Shakepeare Sarani, Kolkata-700071.
2. Sahara Pariwar Pvt. Ltd.
28A, Raja Deinendra Street, P.S. Bhowanipore, Kolkata-700009.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Swapan Kumar Mahanty PRESIDENT
 HON'BLE MR. Rabi Deb Mukherjee MEMBER
 
For the Complainant:Kingshuk Karnakar, Advocate
For the Opp. Party:
Dated : 14 Sep 2018
Final Order / Judgement

Shri Swapan Kumar Mohanty, President

This is an application U/s 12 of the C.P.Act,1986.

            The facts of the case as per the Complainant are that on 28,07.2012 she invested Rs.11,200/- to the OP-2 on a Fixed Deposit Scheme and said deposit matured on February, 2918. Complainant had been to the office of the OP-2 on several occasions for completing the paper works of the maturity claim but every occasion the Manager did not co-operate her. Ultimately on 21.03.2018 OP-2 refused to pay matured amount of Fixed Deposit on the ground that they have no fund to pay now since they are running out of fund due to Court Case. Alleging deficiency on the part of the OPs, Complainant filed the instant complaint.

            In spite of service of notices OPs did not turn up to contest the case. As such, the case is heard ex parte against them.

 

DECISION  WITH  REASONS

            Upon perusal of the complaint coupled with the evidence on record including photocopy of money receipt, it appears that the Complainant invested Rs.11,200/- to the OP-2 and its maturity date was 15.02.2018. As per the complaint, she had been to

 

 

 

 

the office of OPs to submit claim but every occasion OPs refused to pay the matured amount of Fixed Deposit on the ground of shortage of fund. The OPs are fully aware

that they are liable to pay the matured amount of the Fixed Deposit to the  Complainant on its maturity date. It indicates that the OPs have adopted unfair trade practice, and in fact withhold the maturity amount which no doubt adopted deceitful manner of trade and by that act Complainant did not get back the matured amount. Complainant repeatedly had been to the office of the OPs but OPs were reluctant to pay the matured amount.

            From the facts and circumstances of the case, it is, therefore, evident that the allegation of the Complainant is established from record. In the given facts of the case, it is abundantly clear that the Complainant is entitled to relief as prayed for.

In the result, the case merit succeeds.

 Hence,

ORDERED

That the complaint case be and  the same is allowed ex parte against the OPs with litigation cost of Rs.2,000/-.

            OPs are directed to refund the matured amount of Rs.25,000/- against Fixed Deposit Receipt and shall have to pay compensation of Rs.3,000/- to the Complainant within 60 days from the date of this order.

            OPs are directed to comply the order strictly, within the stipulated period in default, liberty be given to the Complainant to put the order in execution.

 

 
 
[HON'BLE MR. Swapan Kumar Mahanty]
PRESIDENT
 
[HON'BLE MR. Rabi Deb Mukherjee]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.