DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 220/2021
Date of Filing: Date of Admission Date of Disposal:
29.09.2021 04.01.2022 27.03.2023
Complainant/s:- | MANUYARA BIBI, W/o Sirajul Molla, of Vill. Gurdaha, P.O. & P.S. Baduria, District North 24 Parganas, Pin – 743401. =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. Monisha Shaw …………………. Member.
:- Shri Abhijit Basu……………………..Member.
JUDGMENT / FINAL ORDER
This is a complaint 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 SAHARA CREDIT CO-OPERATIVE SOCIETY LIMITED as a scheme of SAHARA monthly scheme, the Complainant deposited total sum of Rs. 28,800/- in the SAHARA monthly scheme.
The Opposite Party No. 2 issued a pass book being four Account nos. 68724800891, 68724800892, 68724800893, 68724800894 being Membership No. 68721300542 dated 07/10/2013 which was clearly reflected in the Ledger book of the Opposite Party.
The Opposite Party issued said certificates. 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 was neglected and refused to refund the matured amount inspite of several demand by the Complainant. Hence, the Complainant filed this case for direction to the O.P. Nos. 1 to 3 to pay the matured value of the said scheme and other reliefs. O.P. No. 1 to 3 did not contest the case by filing written version after receiving the notice.
Contd./-2
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C. C. CASE NO. 220/2021
Reason for Judgment
Considering the petition of the complaint and evidence of the Complainant and documents filed, we find that the Complainant had deposited the amount as stated by the Complainant and the O.P. No. 1 to 3 after maturity of the certificates failed and neglected to pay the matured value. The O.P. No. 1 to 3 did not controvert the allegations of the Complainant 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, 2 and 3. Therefore, we find that the Complainant has proved the case and is entitled to get the decree in his favour.
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. Complainant invested money to O.P. Nos. 1 to 3, hence, O.P. No. 1 to 3 are liable to refund the matured amount.
Hence,
It is Ordered:-
That the case C.C./220/2021 be and the same is allowed ex-parte against O.P. No. 1 to 3 and dismissed on against O.P. No.4.
The O.P. Nos. 1, 2 and 3 are directed to pay the matured value in respect of the pass book being four A/c nos. 68724800891, 68724800892, 68724800893, 68724800894 being Membership No. 68721300542 dated 07/10/2013 upon production of the original certificates and documents of deposit by the Complainant, along with interest thereon @ 6% p.a. from the date of maturity till payment of the same within 03 (three) months from the date of judgment. Failing which the Complainant is at liberty to execute the decree according to law.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Dictated & Corrected by me
Member
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