West Bengal

Kolkata Unit-IV

CC/214/2022

MS. NAMITA SADHUKHAN - Complainant(s)

Versus

THE BRANCH MANAGER,SAHARAYN UNIVERSAL MULTIPURPOSE SOCIETY LIMITED & ANOTHER - Opp.Party(s)

30 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
Sealdah Court Room No. 302 and 309
1,Beliaghata Road, Kolkata-14
 
Complaint Case No. CC/214/2022
( Date of Filing : 05 Dec 2022 )
 
1. MS. NAMITA SADHUKHAN
95/47, KABI SUKANTA SARANI, KOLKATA-700085, P.S.-BELIAGHATA
WEST BENGAL
...........Complainant(s)
Versus
1. THE BRANCH MANAGER,SAHARAYN UNIVERSAL MULTIPURPOSE SOCIETY LIMITED & ANOTHER
RAJABAZAR BRANCH OFFICE, 28/A, RAJA DINENDRA STREET, KOLKATA-700009, P.S.- NARKELDANGA
W.B.
2. THE MANAGER ,SAHARAYN UNIVERSAL MULTIPURPOSE SOCIETY LIMITED
SAHARA INDIA BHAWAN, 1,KAPOORTHALA COMPLEX, ALIGANJ, LACKNOW-226024
............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 : 30 Mar 2023
Final Order / Judgement

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION

Sealdah Court Room No. 302 and 309

1,Beliaghata Road, Kolkata-14

 

 

Complaint Case No. CC/214/2022

( Date of Filing : 05 Dec 2022 )

 

1. MS. NAMITA SADHUKHAN

95/47, KABI SUKANTA SARANI, KOLKATA-700085, P.S.-BELIAGHATA

WEST BENGAL

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

  

                                         Versus

 

1. THE BRANCH MANAGER,SAHARAYN UNIVERSAL MULTIPURPOSE SOCIETY LIMITED & ANOTHER

RAJABAZAR BRANCH OFFICE, 28/A, RAJA DINENDRA STREET, KOLKATA-700009, P.S.- NARKELDANGA

W.B.

2. THE MANAGER ,SAHARAYN UNIVERSAL MULTIPURPOSE SOCIETY LIMITED

SAHARA INDIA BHAWAN, 1,KAPOORTHALA COMPLEX, ALIGANJ, LACKNOW-226024

                  ............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 : 30 Mar 2023

Judgement

 

MRS. MANJUSRI SARKAR CHOWDHURY    MEMBER

 

FACTS

 

            The case of the Complainant, in short, is that she had made one fixed deposit for Rs.6,850/- under (Super BB) Scheme only with the OPs for three years and accordingly OPs issued a certificate “SAHARAYN UNIVERSAL MULTIPURPOSE SOCIETY LIMITED” Membership no.915847000937, certificate no.467000861647 on 30.12.2017, which was to be matured on 30.12.2020 amounting to Rs.14,112/-.

            The Complainant visited the office of the OPs after the date of claiming for the said maturity amount but the OPs did not pay any heed to the request of the Complainant. Thereafter Complainant sent letter on 28.10.2022 claiming of the refund of the maturity amount for Rs.14,112/- to which the OPs remained silent. Thus, being aggrieved due to deficiency in service on the part of the OPs, Complainant filed this instant case before this Commission praying for a direction upon the OPs to pay the maturity amount along with Rs.10,000 towards cost of harassment and Rs.5,000/- as litigation cost.

            The OPs did not contest this case by filing written version despite notices were being served upon them. Finally, the instant case was heard ex parte against them.

 

            Complainant adduced evidence on affidavit and also filed a copy of said certificate as discussed above.

We have heard the submissions made by the Complainant during the course of final hearing.

POINT FOR CONSIDERATION

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

                                                                                 FINDINGS

We have carefully perused the materials available with the record including affidavit in chief of the Complainant and the documents.

From the original copy of the certificate no.467000861647 dated 30.12.2017, we find that the Complainant had purchased the abovesaid policy scheme and deposited an amount of Rs.6,850/- on 30.12.2017 and the same was matured on 30.12.2020 with the maturity amount of Rs.14,112/-.

In spite of maturity, the OPs neither paid the said assured value, nor made any response. They remained silent, even after demand notice dated 28.10.2022 was sent. By this conduct, OPs demonstrated a gesture of deficiency in service and indulged an unfair trade practice. We do not find any reason why OPs would collect amount from the Complainant and hold the amount as per their own discretion.

Complainant corroborates her case by adducing evidence on affidavit as well as by producing documents.

The evidence of the Complainant remained unchallenged and unrebutted also. In absence of any contrary and controverting materials on record and having documents on record, we are of the opinion that the Complainant has been able to prove her case. As such the Complainant is entitled to get relief(s) as prayed for against the OPs.

 

Accordingly it is,

                                                                     ORDERED

 

That the instant case be and the same is allowed ex parte against the OPs.

Complainant is entitled to get refund of Rs.14,112/- (Rupees Fourteen Thousand One Hundred Twelve Only) with interest @9% p.a. from the date of maturity of payment until actual payment.

Complainant is also entitled to get Rs.1,000/- (Rupees One Thousand Only) towards cost of litigation.

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

OPs are directed to pay the aforesaid amount including cost of litigation to the Complainant within 45 days from the date this order on production of the original certificates failing which Complainant shall be at liberty to realize the same in accordance with law.

 

 

Dictated and corrected by me

 

 

  •  

[HON'BLE MR. SUDIP NIYOGI]

PRESIDENT

[HON'BLE MRS. MANJUSRI SARKAR CHOWDHURY]

MEMBER

[HON'BLE MR. AYAN SINHA]

MEMBER

 

 

 
 
[HON'BLE MR. SUDIP NIYOGI]
PRESIDENT
 
 
[HON'BLE MRS. MANJUSRI SARKAR CHOWDHURY]
MEMBER
 
 
[HON'BLE MR. AYAN SINHA]
MEMBER
 

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