DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No.225/2021
Date of Filing: Date of Admission: Date of Disposal:
22.09.2021 31.12.2021 13.04.2023
Complainant/s:- | ASURA BIBI, Wife of Manik Chand Mondal, of Vill. Tildanga, P.O. Arbalia, P.S. Baduria, District North 24 Parganas, Pin – 743437. = Vs = |
Opposite Party/s:- | - THE DIRECTOR, SAHARA CREDIT CO-OPERATIVE SOCIETY LIMITED, having its registered office at Sahara India Bhawan, 1, Kapoorthala Complex, P.O. & P.S. Aliganj, Lucknow – 226024.
- THE BRANCH MANAGER, SAHARA CREDIT CO-OPERATIVE SOCIETY LIMITED, having its Sector Office at Vill. & P.O. & P.S. Baduria, North 24 Parganas, Pin – 743401 (1st Floor of Electric Office).
- THE REGIONAL MANAGAER, SAHARA CREDIT CO-OPERATIVE SOCIETY LIMITED, at Badamtala, Madhyamgram, P.O. & P.S. Madhyamgram, District North 24 Parganas, Kolkata – 700129
- THE REGIONAL DIECTOR, SEBI, L & T Chambers, 3rd Floor, 16 Camac Street, P.O. & P.S. Shakespeare Sarani, Kolkata – 700017.
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P R E S E N T :- Smt. Sukla Sengupta……………….President.
:- Smt. Monisha Shaw …………….. Member.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT/FINAL ORDER
The case filed by the complainant U/s 35 of the Consumer Protection Act, 2019 (as amended up to date).
The brief fact of the case is as under:-
The Complainant stated that being convinced by the representative of the O.P. The Complainant agreed to deposit money in the SAHARA monthly scheme.
The Complainant invested Rs. 14,000/- for SAHARA monthly scheme.
The Opposite Party issued the Pass Book being A/c No. 68724801106 being Membership No. 68721102751 which clearly reflected in the Ledger Book of the Opposite Parties. The date of account is 02/12/2013.
Contd. To Page No. 2 . . . ./
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C.C. No.225/2021
The Opposite Party issued said certificate. Even after maturity of the said scheme, the Complainant went to the Office of the Opposite Parties for realizing and / or collecting the matured amount but the Opposite Parties were neglected and refused to refund the matured amount inspite of several demands by the Complainant. Hence, the Complainant filed this case for direction to the O.P. No. 1 to 3 to pay the matured value of the said scheme and other reliefs.
The O.P. No. 1, 2 and 3 did not contest the case by filing Written Version even after receiving the notice. O.P. No. 4 appeared and submitted Written Version that there was no allegation against O.P. No. 4 and therefore there is no case against O.P. No. 4.
Reason for Judgment:-
Considering the petition of the Complainant, Written Version of O.P. No. 4 and evidence of the Complainant and document filed we find that the Complainant had deposited the amount as stated by the Complainant and the O.P. Nos. 1, 2, 3 after maturity of the certificate failed and neglected to pay the matured value. The O.P. Nos. 1 to 3 did not controvert the allegation 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. No. 1 to 3. Therefore, we find that the Complainant has proved the case and is entitled to get the decree in her favour against O.P. No. 1 to 3.
So far as the O.P. No. 4 (SEBI) is concerned, it is found that the Complainant has not sought for any relief against O.P. No. 4. Hence, O.P. No. 4 is liable to be dismissed. The Complainants invested money to O.P. No. 1, 2 and 3. Hence, O.P. No. 1, 2 and 3 are liable to refund the matured amount.
Hence,
It is Ordered:-
That the case being no. C.C./225/2021 be and the same is allowed ex-parte against O.P. No. 1, 2 & 3 and dismissed against O.P. No. 4.
The O.P. Nos. 1, 2 and 3 are directed to pay the matured value in respect of said scheme being pass book account no. 68724801106 dated 02/12/2013 and being Membership No. 68721102751 dated 02/12/2013 upon production of original certificate and passbook and document of deposit by the Complainant, along with interest thereon @ 6% p.a. from the date of maturity till recovery of the same within 02 (two) months from the date of this Judgment.
Failing which the Complainant is at liberty to execute the decree according to law.
Let a plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Dictated & Corrected by me
Member
Member Member President
