West Bengal

Kolkata Unit-IV

CC/51/2023

MS. PURNIMA DAS SARKAR - Complainant(s)

Versus

THE BRANCH MANAGER, SAHARA INDIA COMMERCIAL CORPORATION LIMITED & ANOTHER - Opp.Party(s)

12 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION, KOLKATA UNIT-IV

Sealdah Court Room No. 302 and 309

1,Beliaghata Road, Kolkata-14

 

Complaint Case No. CC/51/2023

( Date of Filing : 28 Mar 2023 )

 

1. MS. PURNIMA DAS SARKAR

1/H/18 RAKHAL GHOSH LANE, P.O.-K.G. BOSE SARANI, P.S.-BELIAGHATA, KOLKATA-700085

WEST BENGAL

...........Complainant(s)

  

Versus

 

1. THE BRANCH MANAGER, SAHARA INDIA COMMERCIAL CORPORATION LIMITED & ANOTHER

DUMDUM BRANCH OFFICE, 166/167 JESSORE ROAD, SARAT COLONY, RAJBARI, DUMDUM, KOLKATA-700081, P.S.-AIRPORT

WEST BENGAL

2. THE MANAGER , SAHARA INDIA COMMERCIAL CORPORATION LIMITED

SAHARA INDIA BHAWAN, 1, KAPOORTHALA COMPLEX, ALIGANJ, LACKNOW-226024, P.S.-ALIGANJ

WEST BENGAL

............Opp.Party(s)

BEFORE:

 

 

HON'BLE MR. SUDIP NIYOGI                                                 PRESIDENT

 

HON'BLE MRS. MANJUSRI SARKAR CHOWDHURY      MEMBER

 

HON'BLE MR. AYAN SINHA                                                   MEMBER

PRESENT:

Dated : 12 Jul 2023

Judgement

 

 MRS. MANJUSRI SARKAR CHOWDHURY    MEMBER

                                                                                        FACTS

 

            The case of the Complainant, in short, is that she had invested a sum of Rs.10,000/- in the Branch Manager, Sahara India Commercial Corporation Limited with the OPs for the period twelve years (approximately) and accordingly OPs issued a certificate “Sahara India Commercial Corporation Limited” Receipt no.10151940162, Certificate no.963000759641 on 15.03.2005, which was to be matured on 15.05.2017 with a maturity amount of Rs.30,000/-.

 

After the date of maturity, Complainant visited the Office of OP No.1 & 2 for payment of Rs.30,000/- but they refused to pay the maturity amount. Complainant also stated that she had further visited the Office of the OPs but the OPs always resorted to concocted stories and avoided disclosing the actual intention regarding the discharge of the contractual obligation.

 

            Complainant also alleged that the OPs had not only failed to act according to their contractual obligations but also engaged in fraudulent trade practice, as even receiving all the documents, they did not make the payment of the maturity amount. The act of the OPs clearly shows their deficiency in service.

 

            Thus feeling aggrieved, Complainant filed this instant case before this Commission praying for a direction upon the OPs to pay the maturity amount along with interest of 18% p.a. and to pay compensation for harassment and mental agony along with cost of litigation.

            The OPs did not contest this case by filing written version despite notices were served upon them. Finally, the instant case was heard ex parte against OP No.1, & 2 vide Order No.5 dated 05.06.2023.

 

POINT FOR CONSIDERATION

 

Whether the Complainant is entitled to the relief (s) as prayed for?

 

                                                                                            FINDINGS

 

We have carefully seen the petition of complaint along with evidence and all documents/annexures. From the document we find that the Complainant invested in Fixed Deposit Rs.10,000/- on 15.03.2005 and the same was to be matured on 15.05.2017 with the maturity amount of Rs.30,000/. But on maturity, the OPs did not pay amount. They remained silent and by this conduct OPs demonstrated a gesture of deficiency in service and indulged in unfair trade practice.

 

The allegations of the Complainant remained unchallenged and unrebutted also.

 

In absence of any contrary and controverting materials on record, we are of the opinion that the Complainant has been able to prove her case and she is entitled to get relief(s), namely, refund of Rs.30,000/- along with compensation in the form of simple interest @6% p.a. and also litigation cost of Rs.3,000/- only.

 

Accordingly it is,

                                                                           ORDERED

That the instant case be and the same is allowed ex parte against OP No.1 & 2.

OPs are directed to refund of Rs.30,000/- (Rupees Thirty Thousand Only) along with simple interest @6% p.a. from the date of maturity i.e. 15.05.2017 to the Complainant, until realization in full.

OPs are also to pay Rs.3,000/- (Rupees Three Thousand Only) towards cost of litigation to the Complainant.

Complainant is directed to hand over the original maturity Receipt no.10151940162, Certificate no.963000759641 to the office of the OPs upon receipt of the aforesaid awarded amount from the OPs in full.

OPs are jointly and severally liable to make the aforesaid payment.

OPs are to pay the aforesaid awarded amount maturity to the Complainant within 45 days from the date this order, failing which Complainant shall be at liberty to realize the same in accordance with law.

Dictated and corrected by me

 

                       

             Member                                                                                                                                   [HON'BLE MR. SUDIP NIYOGI]

PRESIDENT

 

[HON'BLE MRS. MANJUSRI SARKAR CHOWDHURY]

MEMBER

 

[HON'BLE MR. AYAN SINHA]

MEMBER

 

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