West Bengal

Cooch Behar

CC/96/2019

Smt. Aditi Chakraborty, - Complainant(s)

Versus

The Branch Manager, Sahara Q Gold Mart Ltd., - Opp.Party(s)

Sri Santosh Kr. Sah

05 Mar 2020

ORDER

District Consumer Disputes Redressal Forum,
B. S. Road, Cooch Behar -736101.
Ph. No. 03582-230696, 222023
E-mail - confo-kb-wb at the rate of nic.in
Web - www.confonet.nic.in
 
Complaint Case No. CC/96/2019
( Date of Filing : 31 Jul 2019 )
 
1. Smt. Aditi Chakraborty,
W/o. Dr. Jayanta Chakraborty, R.R.N. Road (North), Old Post Office Para, P.S. Kotwali, P.O. & Dist. Cooch Behar-736101.
...........Complainant(s)
Versus
1. The Branch Manager, Sahara Q Gold Mart Ltd.,
Cooch Behar Branch, Sunity Road, P.S. Kotwali, P.O. & Dist. Cooch Behar-736101.
2. The Office-in-charge, Sahara Q Gold Mart Ltd.,
Sahara India Bhawan, 1 Kapoorthala Complex, Aliganj, Lucknow-226024 (U.P).
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SUDIP NIYOGI PRESIDENT
 HON'BLE MRS. RUMPA MANDAL MEMBER
 
For the Complainant:Sri Santosh Kr. Sah, Advocate
For the Opp. Party: Abu Sayed Mostafa Siraj, Advocate
 Abu Sayed Mostafa Siraj, Advocate
Dated : 05 Mar 2020
Final Order / Judgement

 

Hon'ble Mrs. Rumpa Mandal, Member

This case arises out of a complaint u/s 12 of the Consumer Protection Act, 1986.  The case of the Complainant in a nut shell is that he had purchased one Gold Book Certificate on 28.12.12, the description of which has been given in the complaint.  The said certificate got matured on 28.12.17 i.e. after 5 years from the date of purchase.  Subsequently, on maturity, on being approached by the Complainant, the Ops failed to make payment of maturity amount.  Even, a written complaint filed by the Complainant with the OP No.1 did not receive any positive response and finally, he was compelled to file this case praying for relief (s) as prayed for.

The OP contested this case by filing a written version and also evidence on affidavit denying the allegation of the Complainant.  However, their case is that as there is an embargo by Hon’ble Apex Court in respect of the property of the OP, they are not in a position to make any payment to the Complainant.  So, they prayed for dismissal of the case.

POINTS  FOR  CONSIDERATION

  1. Is the instant case is maintainable?

2.Is the Complainant is entitled to get any relief?

  1. To what other relief, if any, Complainant is entitled?

DECISION WITH REASONS

All the points are taken up together for consideration.

During argument, Ld. Agent appearing for the OPs did not raise any question regarding the maintainability of the instant case.  The Ops, in their written version and evidence, did not raise any dispute about the purchase of certificates by the Complainant from them.  The said certificates were matured and it is also not disputed.  No paper relating to the matter pending with the Hon’ble Apex Court has been produced by the Ops.

Here, the Complainant, who had made investment with the Ops, should not be deprived of the returns from his investment.  As on maturity of his investment, the Complainant did not get back his return, he legitimately can claim the matured amount from the Ops.  Therefore, the Complainant is entitled to the relief as prayed for.  With this, all the issues are disposed of.

Hence,

It is ordered

that the instant case be and the same is allowed on contest.

The Ops are directed to pay the amount on maturity which is Rs.94,880/- with interest @ 6% from the date of maturity of the certificate.

This apart, Ops are directed to pay Rs.5,000/- for mental pain and harassment and Rs.3,000/- for litigation cost.

Both the Ops are jointly, and/or, severally liable to pay the said amount within 60 days from this date, failing which the entire awarded sum will carry interest @ 6% per annum till actual payment.

Let plain copy of this Order be supplied to the parties concerned by hand/by Post forthwith, free of cost for information & necessary action, if any.

The copy of the Final Order also available in the official website: www.confonet.nic.in.

Dictated and corrected by me.

 
 
[HON'BLE MR. SUDIP NIYOGI]
PRESIDENT
 
 
[HON'BLE MRS. RUMPA MANDAL]
MEMBER
 

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