DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 322/2019
Date of Filing: Date of Admission: Date of Disposal:
05.11.2019 25.11.2019 07.07.2022
Complainant/s:- | - Pradip Kumar Gain, S/o. Late Jitendra Nath Gain.
- Kamala Gain, W/o. Pradip Kumar Gain,
Both are residing at Charan Kabi Mukunda Das Sarani, Sree Durga Pally, P.O. Nimta, Dist-North 24 Parganas, Kolkata-700049, P.S. Nimta. = Vs = |
Opposite Party/s:- | - The F.C. Incharge, Sahara India Pariwar, 9, Alipore Road,
Dist- North 24 Parganas, Kolkata-700020, P.S. Ballygunge. - The Manager, Humara India Credit Cooperative Society Ltd, Mangaljyoti, 101, 227/2, A.J.C Bose Road,
Kolkata-700020, P.S. Ballygunge.
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P R E S E N T :- Shri Debasis Mukhopadhyay…………President.
:- Smt. Monisha Shaw …………………. Member.
JUDGMENT/FINAL ORDER
This is a complaint U/s 12 of the Consumer Protection Act, 1986.
The Complainant stated that the Complainant No. 1 opened an account from the O.Ps in fixed deposit scheme by depositing an amount of Rs. 1,01,860/- vide Certificate No. 555000371914 dated of issue was 24/06/2016 and date of maturity was 24/12/2018 and the maturity amount was Rs. 1,45,904/-. The Complainant No. 2 the wife of Complainant No. 1 also opened an account by depositing Rs. 10,676/-vide Certificate No.555000371313 whose date of maturity was 24.12. 2018 and maturity value was Rs. 15,292/-. After maturity the Complainant contacted the O.Ps and reminded the maturity value of the said certificates but the Opposite Parties failed and neglected to refund the maturity values and hence the Complainant filed this case praying for a direction to the Opposite Parties to refund Rs. 1,45,904/- in favour of Complainant No. 1 and Rs. 15,292/- in favour of Complainant No. 2 along with interest, cost and compensation.
The Opposite Parties contested the case by filing written version. The Opposite Parties stated that they are unable to make the payment since there is an embargo order passed by the Hon’ble Supreme Court. The Opposite Parties also stated that the Complainants in spite of several requests did not produce original Sahara Certificate and other documents for internal process for disbursement of payment. The O.Ps also contended that the case was not maintainable and prayed for dismissal of the case. After filing the W.V the O.Ps did not adduce evidence or contest the case further.
Upon consideration of the contention of the parties it is found that the point for consideration in this case are whether the case is maintainable and whether the complainants are entitled to get the reliefs as prayed for.
Ld. Advocate for the complainants submitted that the complainants deposited the amount as stated in the complaint but the O.Ps refused to give the maturity value of the certificates in spite of several representations to that effect. He prayed for decree in favour of the complainant as prayed for.
None appeared for the O.Ps to argue the case.
Contd/-2
C.C. No. 322/2019
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Considering the petition of complaint, the written version of the O.Ps and the evidence of the complainants and the documents filed we find that the complainants have produced the copy of the certificate from which it is evident that the complainants had deposited the amount as stated by the complainants and the O.Ps after maturity of the certificates failed and neglected to pay the maturity value. The O.Ps did not controvert the allegations of the complaints by filing any evidence on oath. The complainants have proved their case by swearing of affidavit which was not controverted by the O.Ps. Therefore, we find that the complainants have proved the case and are entitled to get the decree as prayed for.
Hence,
It is Ordered,
That the case is allowed on contest against the O.Ps.
The O.Ps are to refund the maturity value of Rs. 1,45,904/- in respect of certificate No. 555000371914 in favour of complainant No.1 along with 6% interest thereon from 24.12.2018 till payment and the O.Ps are also to refund the maturity value of Rs. 15,292/- in respect of certificate No.555000371913 in favour of complainant No.2 along with 6% interest thereon from 24.12.2018 till payment of the same within two months from this date upon production of the original certificates and documents by complainants, failing which the complainants may proceed according to law.
Let plain copy of this order be given to the parties free of cost.
Dictated & Corrected by me
President
President
Member
