DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 283/2021
Date of Filing: Date of Admission: Date of Disposal:
15.12.2021 30.12.2021 07.12.2022
Complainant/s:- | Amzad Hossain Dafader, S/o. Late Rajab Ali Dafadar, Hakimpur, Vill-Tarali, P.S.Swarupnagar, P.O. Hakimpur, North 24 Parganas, West Bengal-743273. =Vs.= |
Opposite Party/s:- | 1.Manager, Sahara Credit Cooperative Society Limited, Regd. Office at Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow -226024. 2.Sri Subrata Roy, Chairman of Sahara India Pariwar, P.O. P.S. Aliganj, Sahara Credit Cooperative Society Ltd, Sahara India Bhawan, Regd. Office-1, Kapoorthala Complex, Aliganj, P.O. and P.S. Aliganj, Lucknow -226024. 3. Sri Ashim Kumar Ghosh, Authorized Person, Authorized Centre, Code No. 180311321, Tentulia F.C. 1632 7385, Sahara India Tentulia Netaji Bazar Bridge Road, Vill and P.O. Tentulia, P.S. Swarupnagar, Dist- North 24 Parganas. |
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P R E S E N T :- Smt. Monisha Shaw …………………. Member.
:- Sri Abhijit Basu……………………….Member
JUDGMENT / FINAL ORDER
This is a complaint U/s. 35 read with Sectionn 38 (2) and 39 (1) and (2) of the C.P. Act, 2019 as amended upto date.
The complaint is as follows:-
The complainant paid for five fixed deposit from the opposite parties by making payment of consideration amount. The complainant paid for five fixed deposit policies from opposite parties i.e. under the name and style of The O.Ps issued five fixed deposit certificates after receiving the money. The opposite parties are carrying business non-banking financial institute under the name and style’ of ‘Sahara Credit Cooperative Society Ltd’ under the head ‘Sahara A Select’ as follows:-
Certificate Nos. Membership No. Date of Issue Date of Maturity Amount deposited Matured date
1.925004906064 73856700475 23.03.2017 23.09.2018 Rs. 12,000/- Rs. 13,956/-
2.925004906065 73856700476 23.03.2017 23.09.2018 Rs. 12,000/- Rs. 13,956/-
3.925004906066 73856700477 23.03.2017 23.09.2018 Rs.13,000/- Rs. 15,119/-
4.925004906067 73856700478 23.03.2017 23.09.2018 Rs. 10,000/- Rs.11,630/-
5.925004906068 73856700479 23.03.2017 23.09.2018 Rs. 10,000/- Rs.11,630/-
The O.Ps issued said five fixed deposit certificates in favour of complainant.
Upon maturity the complainant visited the office of the O.P. No.3 on several times for disburse the matured amount but the O.P. did not disburse the matured amount even after 38 months. The complainant deposited Rs. 57,000/- and the matured amount is Rs. 66,291/-. The O.Ps did not return the same. Hence the complainant filed this case.
Issue for the case
1.Whether the case is maintainable or not?
2.Whether the complainant is entitled to get any relief or reliefs in this case?
Decision with Reasons
Considering the contention of the written complaint and the evidence adduced and the documents filed it is found that the complainant has proved his case that he purchased five fixed deposit certificates from the opposite parties of total Rs. 57,000/-and total
Contd/-2
C. C. CASE NO. 283/2021
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matured amount is Rs. 66,291/-as on 23.09.2018. The photo copies of the certificates are also submitted. The O.Ps did not return the matured amount to the complainant. The complainant proves his case and there is no evidence to the contrary to disbelieve the complainant’s case. Therefore the complainant is entitled to get decree as prayer for. This case is within the jurisdiction of this commission. The complainant is a customer of the O.Ps and O.Ps are the service provider but the O.Ps are failed to provide their service, which is tantamount of deficiency of service and unfair trade practice. Hence the complainant is entitled to get the relief under Consumer Protection Act.
All the points are disposed of accordingly.
Hence, for ends of justice
It is Ordered
that the case being No. 283/2021 be and the same is allowed exparte as the O.Ps did not appeared after receiving of notices on the date fixed and also on the date of argument the O.Ps were not also present.
The complainant do get this decree that the complainant is entitled to get matured amount of five fixed deposits amount valued at Rs. 66,291/- being certificate Nos. 925004906064, 925004906065, 925004906066, 925004906067, 925004906068 with 6% interest from the date of matured amount till recovery within two months.
Hence it is directed the opposite parties to refund the matured amount of Rs. 66,291/- with 6% interest from the date of maturity upon matured amount till recovery, within two months. Failing which 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.
Dictated & Corrected by me
Member
Member Member
