DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 270/2019
Date of Filing: Date of Admission: Date of Disposal:
03.09.2019 16.09.2019 21.11.2022
Complainant/s:- | Jyotsna Ghosh, W/o. Kishore Ghosh, Vill- Matia, Dist- North 24 Parganas, Pin-743437. = Vs.= |
Opposite Party/s:- | 1.The Director, Sahara Credit Co-operative Society Ltd, Sahara India Bhawan, 1, Kapoorthala Complex, P.O. and P.S. Aliganj, Lucknow-226024. 2.The Branch Manager, Sahara Credit Cooperative Society Ltd, Having its sector office at Vill, P.O. and P.S. Matia, North 24 Parganas, Pin-743437. 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 and T Chambers, 3rd floor, 16, Camac Street, P.O. and P.S. Shakespeare Sarani, Kolkata-700017. |
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P R E S E N T :- Smt. Monisha Shaw …………………. Member.
:- Sri Abhijit Basu……………………….Member
JUDGMENT / FINAL ORDER
The complaint is filed U/s 12 read with section 13 of the Consumer Protection Act, 1986 as amended upto date alleging gross negligence and deficiency and unfair trade practice on the Opposite Parties and did not taken any steps to redress the grievance till filing of this case. The brief of the fact is Complainant (Jyotsna Ghosh) deposited Rs. 33,000/- (Thirty three thousand ) as monthly scheme to the Opposite Parties company Sahara Credit Co-operative Society Ltd. which was clearly reflected in the Ledger Book of Opposite Party and to that effect O.P. No. 3 Branch Manager Sahara Credit Co-operative Society Ltd. vide receipt of Account No. and issued pass Book No. 70084800289 being Membership No. 70081300232 and the opening date of the said account was 23.12.2013 and since then Complainant had been paying monthly premium time to time and deposited total Rs. 33,000/-.Though the Complainant completed tenure but the O.Ps failed and neglected to pay the deposited amount in spite of elapsed of maturity period. On several occasion Complainant went to the Office of the O.P. but in vein. Even on 10.07.2019 on demand letter was sent through the Advocate of the Complainant but in vain. Hence, this complaint petition filed by the Complainant.
In this case, written version filed by the Opposite Party & Vakalatnama but O.P. takes no steps thereafter.
Issues were framed for the purpose of decision:-
- Whether the Complainant is maintainable or not?
- Whether the Complainant is entitled to get relief / reliefs in this case or not?
- Whether the Complainant is a consumer or not?
- Whether this Commission has territorial and pecuniary jurisdiction to try this case?
Contd/-2
C. C. CASE NO. 270/2019
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Decisions with Reasons:-
Considering the facts and circumstances as well as nature and character of this case and all the evidence as produced in this case are interlinked with each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.
Perused all the submitted records and it is clear that the Complainant deposited Rs. 33,000/- to the O.P’s office and they issued pass book and Membership number. In the instant case, the Complainant is a customer of the Opposite Party and the Opposite Party are the service provider as per Consumer Protection Act. The Complainant is a consumer of the Opposite Party as per Consumer Protection Act but the O.P. did not provide their service towards Complainant. Complainant and O.P. Nos. 2, 3 and 4 are living within 24 Parganas as such this Commission has ample power to try this case and the pecuniary jurisdiction is also exist and also within limit of valuation.
The discussed points bear positive results. As such we are of the view that the Complainant is entitled to receive her deposited amount with interest and also other relief / reliefs which will be mentioned in ordering portion.
All the points are disposed accordingly.
Hence, for ends of justice,
It is ordered,
that the case being No. 270/2019 is allowed against the O.P. Nos. 1 to 3 and dismissed against O.P. No. 4.
The Complainant (Jyotsna Ghosh) do get a decree of her deposited amount of Rs. 33,000/- (Thirty three thousand) being A/c No. 70084800289 being membership No. 70081300232 dated 23/12/2013 with 5% interest from the date of deposition till recovery within two months from the date of delivery of judgment. Failing which the complainant do get deposited amount with another 6% interest thereon from the date of filing this case till recovery.
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
Member Member
