DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 122/2021
Date of Filing: Date of Admission: Date of Disposal:
01.09.2021 01.10.2021 21.08.2023
Complainant/s:- Opposite Party/s:: | Sri Rabindranath Sana, S/o.Bhimchandra Sana, Vill and P.O. Nehalpur, P.S. Matia, Dist-North 24 Parganas, Pin-743437. = Vs= 1.The Director, Sahara Credit Cooperative Society Ltd, Its registered office at Sahara India Bhawan, 1, Kapoorthala Complex, P.O. P.S. Aliganj, Lucknow-226024. 2.The Branch Manager, Sahara Credit Cooperative Society Ltd, Its Sector Office at Taki Road, Basirhat, Jasoda Bhavan, 1st floor, Near Falguni Cinema Hall, P.O. Basirhat college, P.S.Basirhat, Dist- North 24 Parganas, Pin-743412. 3.The Regional Manager, Sahara Credit Cooperative Society Ltd, Badamtala, Madhyamgram, P.O.and P.S. Madhyamgram Dist:- North 24 Parganas, Kolkata-700129. 4.The Regional Director, 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. Manisha Shaw………………….Member.
:- Sri. Abhijit Basu…. …………………. Member.
JUDGMENT
This is a complaint u/s 35 of the C.P. Act2019.
The brief facts of the case is as under:-
The complainant stated that being convinced by the representative of the O.P and the complainant agreed to deposit money in the Sahara E. SHNE Fixed deposit scheme for 96 months.
The complainant deposited total Rs. 50,000/- for fixed deposit and O.P.No.2 issued three fixed deposit certificates. The opposite party issued the certificate being No.(1)351002196424, account No.60123701898 amounting Rs.16,000/-dated. 21.12.2011 (2) certificate No.351002196425, being account No.60123701899 amounting Rs.17,000/- dated. 21.12.2011 (3) certificate No.351002196424,being account No. 60123701900 amounting Rs. 17,000/-dated 21.12.2011 Membership No. 60121100620 which are reflected in the ledger books of opposite parties.The opposite party No.2 issued said certificates, which is clearly reflected in the opposite parties ledger book. 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 in spite of several demands by the complainant. Hence the complainants filed this case for direction to the O.P.Nos.1,2 and 3 to pay the matured value of the said scheme and other reliefs.
Contd/-2
C.C. No. 121/2021
: 2 :
O.P. Nos. 1,2 and 3 did not contest the case by filing written version after receiving the notice.
There was no allegation against O.P. No.4and therefore there is no case against O.P.No.4.
Reasons for judgment
Considering the petition of the complainant, evidence of the complainant and documents filed we find that the complainant had deposited the said amount as stated by the complaint and the O.P. Nos. 1 to 3 after maturity of the said fixed deposit certificates failed and neglected to pay the matured value. The O.P..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 complaint has proved the case and is entitld to get the decree in her favour against O.P. Nos. 1 to 3.
So far as the O.P. No. 4- SEBI is concerned found that the complainant has not sought for any relief against O.P. No.4. O.P. No.4 is liable to be dismissed.
In the instant case complainant is a consumer as he invested money to O.P. No.1 to 3and O.P. Nos. 1 to 3 are service provider but O.P. Nos. 1 to 3 failed to provide their service as the O.P..Nos. 1 to 3 did not refund the matured amount as promised which will be treated as deficiency of service on the part of O.P.Nos. 1 to 3 as per Consumer Protection Act. The instant case is within the pecuniary and territorial jurisdiction of this commission. Hence this commission has ample power to try this case. As 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.
Hence, it is ordered
that the case being C.C. No. 122 /2021 be and the same is allowed exparte against O.P. Nos. 1to 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 fixed deposit scheme being said A/c. Nos. 60123701898 to 60123701900 (three Certificates) being Membership No.60121100620 upon production original certificate and documents of deposit by the complainant, along with interest thereon at the rate of 6% p.a. from the date of maturity till payment of the same within two months from the date of judgment. Failing which the complainant it at liberty to execute a decree according to law.
Let a plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated & Corrected by me
Member
Member Member
