DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 323/2019
Date of Filing: Date of Admission: Date of Disposal:
05.11.2019 25.11.2019 07.07.2022
Complainant/s:- | BULBUL BISWAS, W/o Late Nirmal Chandra Biswas, residing at C/o – Pradip Kumar Gain, Charan Kabi Mukunda Das Sarani, Sree Durga Pally, P.O. – Nimta, Dist.- North 24 Parganas, Kolkata – 700049, P.S. – Nimta. = Vs = |
Opposite Party/s:- | 1.The F.C. Incharge, Sahara India Pariwar, 9, Alipore Road, Dist- North 24 Parganas, Kolkata-700049, P.S. Nimta. 2.The Manager, Sahara Credit Cooperative Society Ltd, Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024, P.S. Aliganj. |
P R E S E N T :- Shri Debasis Mukhopadhyay…………President.
:- Smt. Monisha Shaw …………………. Member.
JUDGMENT/FINAL ORDER
This is a complaint under Section 12 of the C.P. Act, 1986.
The complainant stated that she opened an account from the opposite parties in fixed deposit scheme for the period of 12 months by depositing total Rs. 27,000/- in two certificates Nos. 705000527576, 70500527577 with respective membership Nos. 63371600194 and the date of maturity of the said certificate was 14.05.2017. After maturity the complainant demanded refund of the total maturity amount of Rs. 29,377/- from the O.Ps . But the O.Ps failed and neglected to refund the amount. Hence the complainant filed this case praying for payment of Rs. 29,377/- along with interest, cost and compensation.
The O.Ps contested the case by filing written version. The O.Ps stated that they are unable to make the payment since there is an embargo order passed by the Hon’ble Supreme Court. They also stated that the complainant did not produce original certificate and other documents for internal process for disbursement of payment. The O.Ps submitted that the case was not maintainable and prayed for dismissal of the case. The O.Ps did not file any evidence-in-chief in support of their W.V.
The Ld. Advocate for the complainant by filing written notes of argument submitted that the O.Ps failed and neglected to pay the maturity value of the certificates amounting to Rs. 29,377/- in spite of repeated demands and requests. He prayed for decree as per prayers made in the complaint.
Considering the facts and circumstances of the case and the evidence of the complainant and the documents filed it is found that the complainant has proved the case that she had deposited the amount of Rs. 29,377/- in two certificates Nos. 705000527576, 70500527577 but after maturity of the certificates the O.Ps failed and neglected to repay the maturity value of Rs. 29,377/-. The complainant has proved her case by evidence on oath and the O.Ps did not controvert the evidence and in absence any evidence to the contrary it is held that the complainant has established her case and the complainant is entitled to get decree as prayed for.
Contd/-2
C.C. No. 324/2019
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In the result, the case succeeds.
Hence,
it is Ordered,
that the case be and the same is allowed on contest against the opposite parties.
The O.Ps are directed to pay the maturity value of two certificates Nos. 705000527576,
70500527577 amounting to Rs. 29,377/- along with 6% interest thereon from 14.05.2017 till payment of the same within two months from this date. Failing which the complainant is entitled to take steps 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
President
President
Member
