DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No.63/2019
Date of Filing: Date of Admission: Date of Disposal:
22.02.2019 28.02.2019 15.05.2023
Complainant/s:- | Utpal Dutta, S/o. Late Rashbehari Dutta, Shyamadas Banerjee Street, P.O. Kamarhati, P.S. Khardah, Kolkata-700058. = Vs= 1.Saharayan Universal Multipurpose Society Ltd, Its regional office at (Sahara India), Uttar Kolkata, Saharayan Universal Multipurpose Society Ltd, Badamtala, Madhyamgram, Kolkata-700130. 2.Nasrat Ali, The Branch Manager,(Sahara India), Belghoria Saharayan Universal Multipurpose Society Ltd, Vill-Alipore More near New Post Office Street, P.O. and P.s. Nimta, Kolkata700049. 3.The Sector Manager, (Sahara India), Dum Dum Saharayan Universal Multipurpose Society Ltd, 166/167, Jessore Road, Sarat Colony, P.O and P.s. Rajbari, Kolkata-700081. 4.Ramesh Chandra Hota, The Regional Officer, (Sahara India) Uttar Kolkata Saharayan Universal Multipurpose Society Ltd, Badamtala, P.S. Madhyamgram, Kolkata-700130. |
Opposite Party/s:- |
P R E S E N T :- Smt. Monisha Shaw …………………. Member.
:- Sri. Abhijit Basu …………………. Member.
JUDGMENT
Complainant filed this case u/12 of the Consumer Protection Act 1986.
The brief facts of the case is being convinced by the opposite parties, the complainant agreed to deposit money in the Saharayan Universal Society Ltd for fixed deposits of Rs. 6,12,000/- in respect of account numbers 63375700729 to 63375700758 and 63375700761. Total 31 numbers of Account (30 accounts of each Rs. 20,000/- and one account of Rs. 12,000/-thus total Rs. 6,12,000/-. The certificates were issued by the office of the opposite parties. The said amount was deposited by the complainant for 12 months. The O.P(s) assured that after maturity the complainant will get return on contribution ranging from 10%-15% p.a.
Even after maturity of said scheme the complainant went to the office of the opposite parties for realizing and/ or collecting the matured amount but the
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opposite parties were neglected and refused to refund the matured amount in spite of several demands by the complainant. The complainant send demand notices to the opposite parties but in vain. Hence the complainant filed this case against opposite parties to pay the matured value of said scheme and other reliefs.
The O.P. No.2 was contested the case by filing written version. Other opposite parties received the notices but did not appear before this commission. The O.P.. No.2 submits that the complainant filed this case by name with designated post of company’s employee. O.P. No.2 is the employee of the company and he could not solve the problem. At the time of argument neither the O.Ps nor their advocate found present hence the case heard exparte against opposite parties on merit. This case is within territorial and pecuniary jurisdiction of this commission.
Issue framed for the purpose of decision
1. Whether the case is maintainable or not?
2. Whether the complainant is entitled to get relief or reliefs in this case or not?
Reason for Judgment
Considering the petition of the complainant, written version filed by the O.P. No.2, evidence of the complainant and documents filed we find that the complainant deposited the amount as stated by the complainant total Rs. 6,12,000/- but O.P. Nos. 1 to 4 (designated post) after maturity of the certificates failed and neglected to pay the matured value. The opposite parties did not controvert the allegation of the complainant by filing any evidence. Only the O.P. No.2 by filing written version stated that he is a monthly paid employee. Here we will treat 1to 4 only the designated post. The designated post holder of the company is liable to pay the matured amount of the complainant. We find that the complainant has proved the case and is entitled to get the decree in his favour.
Hence, it is ordered,
that the case be and the same is allowed exparte against the O.P. Nos. 1,3,4 as they are not appeared even after receiving notice and on contest against the O.P. No.2 as filed written version on merit.
O.P. Mos. 1 and O. P. No.2 i.e, Branch Manager (Sahara India) Belghoria, Saharayan Universal Multipurpose Society Ltd O.P. no.3 i.e. Sector Manager (Sahara India) Dum Dum Saharayan Universal Multipurpose Society Ltd and O.P. No.4 i.e. Regional Manager Saharayan Universal Multipurpose Society Ltd are directed to pay the matured value in respect of said fixed deposit scheme
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being A/c. Nos. 63375700729 to 63375700758 and 63375700761dated 30.06.2015 being Membership No. 963374000031 upon production of original certificate and documents of deposit by the complainant along with interest thereon at the rate of 6% p.a. from the date of maturity till recovery of the same within two months from the date of the judgment. Failing which the complainant is at liberty to file execution case as per law.
Let plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated & Corrected by me
Member
Member Member
