DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C. C. No. 159/2019
Date of Filing: Date of Admission: Date of Disposal:
30.05.2019 25.06.2019 09.01.2023
Complainant/s:- | Nargis Khatun, W/o. Yoursuf Ali Molla , Vill and P.O. Arbalia, P.S. Badurai, Dist- North 24 Pgs, Pin-743437. -Vs- |
Opposite Party/s:- | 1.Sahara Q Gold Mart Ltd, Its regd. office at Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024. 2.Sahara Q Gold Mart Ltd, its Sector office at Baduria (Electric Office Building), Vill, P.O. and P.S. Baduria, Dist- North 24 Parganas, Kolkata-743401. 3.The Regional Manager, Sahara Q Gold Mart Ltd At Badamtala, Madhyamgram, P.O. and P.S. Madhyamgram, Dist- North 24 Parganas, Kolkata-700129. 4.The Regional Director, SEBI, L & T Chambers, 3rd floor, 16, Camac Street, Kolkata-700017. |
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 complainant stated that being convinced by the representative of the O.P and the
complainant agreed to deposit money in the ‘SAHARA Q GOLD MART LTD as Sahara advance book / purchase on Gold Bank Scheme. The complainant invested Rs.1,73,438/- and booked 100 gm gold value at Rs.2,77,500/-/- where discounted amount of Rs.1,04,062/- was fixed by the O.P. No.2. The O.P. No.2issued receipts being No.92000085227 being booking ID No. 16324700027 dated 30.05.2012.
The opposite party issued said certificate/booking I.D. number 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 were 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. 1,2 and 3 to pay the matured value of the said scheme and other reliefs.
O.P. Nos. 1,2 and 3 did not contest the case by filing written version after receiving the notice.
Ld. Advocate for O.P. No.4 appeared and submitted that there was no allegations against O.P. No.4 therefore there is no case against O.P. No.4.
Reason for judgment
Considering the petition of the complainant, written version of O.P.. No.4 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 to 3 after maturity of the certificate failed and neglected to pay the matured value. The O.P. Nos. 1 to 3 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 to 3. Therefore, we find that the complainant has proved the case and it is entitled to get the decree in his / her favour against O.P. Nos. 1 to 3.
Contd/-2
C. C. No. 159/2019
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So far as the O.P. No.4-SEBI is concerned it is found that the complainant has not sought for any relief against O.P. No.4 hence O.P. No.4 is liable to be dismissed and complainant invested money to O.P. Nos. 1,2 and 3 hence O.P. Nos. 1,2 and 3 are liable to refund the matured amount.
Hence,
it is ordered
that the case be and the same is allowed exparte against O.P. Nos. 1 to 3 and dismissed on contest against O.P. No.4.
The O.P. Nos. 1,2 and 3 are directed to pay the matured value in respect of said scheme being receipt No. 92000085227 and being booking ID No. 16324700027 dated 30.05.2012. 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
