DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 270/2022
Date of Filing Date of Admission Date of Disposal
29.08.2022 05.09.2022 14.06.2023
Complainant/s:- | Tapan Bose, C/o. Late Haridas Bose, Vill- Gobardanga, P.O. Kantura, P.S. Gobardanga, Dist- North 24 Parganas, Pin-743273. = Vs= |
Opposite Party/s: | 1.The Director Humara India Credit Cooperative Society Limited, Regd. Office at Mangal Jyoti, 101, 227/2, P.O. A.J.C. Bose Road, P.S. Maidan, Kolkata-700020. 2. The Branch Manager, Humara India Credit Cooperative Society Limited, Regd. Office at New Ashirbad Bhawan, Joygachhi, Jessore Road, P.O and P.S. Habr, North 24 Pgs, Pin-743263. 3. The Regional Manager, Humara India Credit Cooperative Society Limited, Badamtala, Madhyamgram, P.O. and P.S. Madhyamgram, Dist-North 24 Parganas, Kolkata-700129. 4. The Regional Director, SEBI, L and T Chambers, 3rd Floor, 16, Camac Street, P.O. and P.S. Shakespeare Sarani, Kolkata-700017. |
P R E S E N T :- Smt. Manisha Shaw……………Member.
:- Sri. Abhijit Basu………………. Member.
Complainant filed this case u/s. 35 of the C.P. Act, 2019.
The brief facts of the case is the complainant deposited total Rs. 50,000/-as fixed deposit scheme for 24 months. The complainant states that being convinced by the representative of O.P. Nos. 1 to 3 and complainant
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agreed to deposit money in the Sahara Golden 24 fixed deposit scheme for
24 months. The complainant invested total Rs. 50,000/- and O.P. No.2 issued five numbers of certificates being certificate Nos. 438000845812, 438000845813, 438000845814, 438000845815 and 438000845816 being A/c. No.16327403298 to 16327403302 being Membership No.616328001302, all are amounting to Rs. 10,000/-each. The opening dates of said certificates was 14.07.2018, which are clearly reflected in the opposite parties ledger book.
The opposite parties issued said certificates. Even after maturity of said fixed deposit scheme the complainant went to the office of the opposite parties for realizing and / or collecting 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 fixed deposit scheme and other reliefs.
O.P. Nos. 1 to 4 did not contest the case by filing written version even after receiving the notice.
There is no allegation against O.P. No.4, therefore there is no case against the O.P. No.4.
Reason of Judgment
Considering the petition of complaint and evidence of the complaint 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 opposite party 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 is entitled to get decree in his favour against O.P.Nos. 1 to 3.
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.
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Hence,
it is ordered,
that the case being No. 270/2022 be and the same is allowed exparte against the opposite parties.
The O.P. Nos. 1,2 and 3 are directed to pay the matured value in respect of said fixed deposit scheme being account Nos. 16327403298 to 163227403302 and certificate Nos.438000845812 to 438000845816 dated 14.07.2018 and Membership No.61328001302 upon production of original certificate and documents of deposit by the complainant, along with interest thereon @ 9% p.a from the date of maturity till recovery of the same within three months from the date of this judgment.
Failing which the complainant has liberty to file execution case as per law.
Let the pain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated and Corrected by me.
Member
Member Member
