West Bengal

North 24 Parganas

CC/267/2019

Rabiya - Complainant(s)

Versus

The Director, Sahara Credit Co-Operative Society - Opp.Party(s)

Avijit Gope

30 Nov 2022

ORDER

DCDRF North 24 Paraganas Barasat
Kolkata-700126.
 
Complaint Case No. CC/267/2019
( Date of Filing : 03 Sep 2019 )
 
1. Rabiya
W/O Ali Gazi,Vill.-Matia Paschim Para, P.O.& P.S.-Matia, pin-743437
North 24 Parganas
West Bengal
...........Complainant(s)
Versus
1. The Director, Sahara Credit Co-Operative Society
Sahara India Bhawan, 1, Kapoorthala Complex, P.O.& P.S.-Aliganj, Pin-226024
Locknow
Uttar Pradesh
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sri Abhijit Basu PRESIDING MEMBER
 HON'BLE MS. Ms. Monisha Shaw MEMBER
 
PRESENT:
 
Dated : 30 Nov 2022
Final Order / Judgement

DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 267/2019

 

Date of Filing:                      Date of Admission:             Date of Disposal:

      03.09.2019                                    12.09.2019                              30.11.2022

Complainant/s:-       

RABIYA, Wife of Ali Gazi, of Vill. Matia Paschim Para, P.O. & P.S. Matia, District North 24 Parganas, Pin – 743437.

 

= Vs =

 

Opposite Party/s:-

  1. 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.

 

  1. THE BRANCH MANAGER, SAHARA CREDIT CO-OPERATIVE SOCIETY LIMITED, Having its Sector Office at Vill., P.O. & P.S. Matia, North 24 Parganas, Pin – 743437.

 

  1. THE REGIONAL MANAGER, SAHARA CREDIT CO-OPERATIVE SOCIETY LIMITED at Badamtala, Madhyamgram, P.O. & P.S. Madhyamgram, District North 24 Parganas, Kolkata – 700129.

 

  1. THE REGIONAL DIRECTOR, SEBI, L & T Chambers, 3rd Floor, 16 Camac Street, P.O. & P.S. Shakespeare Sarani, Kolkata – 700017.

 

P R E S E N T:-                    :- Smt. Monisha Shaw  . . . . . . . .Member.

                                                :- Shri Abhijit Basu . . . . . . . . . . Member.

 

JUDGMENT/FINAL ORDER

 

             This complaint is filed by the Complainant u/s 12 of the Consumer Protection Act, 1986 (as amended up to date) alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not take any step to redress his grievance till filing of this complaint.

The brief fact of the complaint is that the Complainant, RABIYA wife of ALI GAZI deposited in Sahara monthly scheme for 22 months and she deposited a sum of Rs. 34,500/- and to that effect the O.P. No. 2 issued Pass Book being Account no 70084800059, being Membership No. 70081300058 and the opening date of the said account was 22.04.2013.

The Complainant stated that she maintaining the norms of the Opposite Party company completed the tenures and deposited the amount and it is clearly reflected in the Ledger Book of the Opposite Party No. 2 but the Opposite Party No. 2 failed and neglected to pay the matured value inspite of elapsed of maturity period. So, that the Complainant repeatedly visit to the O.P. Nos. 2 and 3 but neglected to pay the legitimate demand of the Complainant. Having no other alternative the Complainant sent a legal notice on 10/07/2019 once again requesting to the Opposite Party Nos. 1 to 3 to disburse entire matured amount in respect of Account no 70084800059, being Membership No. 70081300058 and the opening date of the said Account was 22.04.2013, but the Opposite Party No. 1 to 3 inspite of receiving such notice did not bother to reply the same. No relief shout for against the Opposite Party No. 4 only for proper adjudication of the instant case the Opposite Party no. 4 has made party.

Having no other alternative, the Complainant lodged this case on 03/09/2019. It is evident from the record that after receiving the said notice the OPs appeared before this Commission and filed W/V on 22/01/2020. In the W/V, the O.Ps submitted that there is no ill-motive or malafide intension for not making the payment and the Opposite Parties are

Contd. Page No. 2. . . ./-

 

: :  2  : :

C.C. No. 267/2019

unable to make the payment since there is an embargo order passed by the Hon’ble Supreme Court. They also stated that on several requests to produce the original SAHARA certificate, KYC but she did not produce the same. They also denied as the Complainant did not submit the original certificate and the KYC documents, so, the complaint case should be dismissed with heavy cost.

The Opposite Parties also denial that the complaint is not maintainable and is liable to be dismissed.

Prayer of the Complainants:-

  1. The OP Parties Nos. 1 to 4 jointly or severally be directed to pay the matured value in respect of Account no 70084800059, being Membership No. 70081300058 and the opening date of the said account was 22.04.2013.
  2. The OP Parties Nos. 1 to 4 jointly or severally be directed to pay Rs. 1,00,000/- towards mental agony, pain and unnecessary harassment and litigation cost of Rs. 10,000/-.
  3. Pass any other order / orders as the Ld. District Commission may deemed fit and proper in the fact and circumstances of the case.

 

Following issued were framed for the purpose of decision:-

 

  1. Whether the complaint is maintainable or not?

 

  1. Whether the Complainant is entitled to get relief / reliefs in this case.

Decision with reasons:-

Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.

On perusal of the materials along with the supporting affidavit related to documents available in the case record as well as hearing of  argument by the Ld. Advocate for the Complainant, it is revealed that the Complainant deposited amount of Rs. 34,500/- to the OPs. Here the status of the OPs is service provider and the Complainant being a customer of the OPs so the Complainant becomes a consumer as per Consumer Protection Act, 2019.

 

The Complainant resides at of Vill. Matia Paschim Para, P.O. & P.S. Matia, District North 24 Parganas, Pin – 743437 and the claimed amount does not exceed the pecuniary limit of this Commission. Therefore, this Commission has ample power to try this case.

We have perused the complaint as well as Examination-in-Chief on affidavit filed by the Complainant. We have perused the copy of the money receipt along with copy of the certificate which was provided by the O.P members with the supporting affidavit and other documents filed by the Complainant. On perusal of the aforesaid materials it appears that the Complainant paid Rs. 34,500/-. Since the O.Ps did not refund the maturity amount to the Complainant, as such there is deficiency in service on part of the O.Ps.

The discussed points bear positive results. As such we are of the view that the Complainant is entitled to receive his deposited amount with interest and he is also entitled to other relief/reliefs and that will be reflected in the ordering portion.

Thus all the points are disposed of accordingly.

 

Contd. Page No. 3. . . ./-

 

: :  3  : :

C.C. No. 267/2019

Hence, for ends of justice:

It is

Ordered

That the instant case being no.CC-267/2019 be and the same is allowed exparte against the OPs with cost and dismissed against O.P. No. 5.

The Complainant, do get a decree of Rs. 34,500/- and do get a further decree of Rs. 5,000/- as compensation for his mental agony and sufferings and Rs. 5,000/- towards litigation cost within 03 (three) months failing which the Complainant do get the decree with extra 6% interest on the total matured value from the date of filing till realisation.

In default the Complainant is at liberty to put this decree into execution 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

 

                             

           Member                                                                                                                                        

                                                                            

           Member                                                                                            Member

 

 

 

 
 
[HON'BLE MR. Sri Abhijit Basu]
PRESIDING MEMBER
 
 
[HON'BLE MS. Ms. Monisha Shaw]
MEMBER
 

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