DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 133/2021
Date of Filing: Date of Admission: Date of Disposal:
16.08.2021 27.09.2021 25.11.2022
Complainant/s:- | Mrs. Rituparna Mukhopadhyay, W/o. Mr. Debasish Mukhopadhyay, A/3, Mouli Dhara Apartment, P.O. Rahara, Dist- North 24 Parganas, Kolkata-700118, P.S. Rahara. = Vs.= |
Opposite Party/s:- | 1.The Manager, Sahara Credit Co-operative Society Ltd, Sahara Indian Bhawan, 1, Kapoorthala Complex, Aliganj, P.O. Aliganj, P.S. Aliganj, Dist-Lucknow, Pin-226024. 2. The Regional Manager, Sahara Credit Co-operative Society Ltd, ‘Nilayam’ 12/1, Deb Banerjee Road, Near Amarabati Church, P.O. Tiljala, P.S. Tiljala, Dist- South 24 Parganas, Kolkata-700039. |
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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 under Section 35 of the C.P. Act, 2019.
The complainant is filed the complaint U/S. 35 of the C.P. Act, 2019 as amended upto date alleging deficiency of service and unfair trade practice against the opposite parties as the O.Ps did not take any steps for redress his grievances till filing of this case.
The brief of the facts of the complaint is that the complainant (Mrs. Rituparna Mukhopadhyay) had opened on account being No. 351005375193 and Membership No. 60211200965 on 30.04.2012 for fixed deposit scheme for the period of 36 months by deposited an amount of total Rs. 70,000/- and the maturity amount would be Rs. 1,82,840/- from the office of opposite parties regarding information of withdrawal the maturity amount and for withdrawal the maturity amount but in vain. The complainant without having any remedy from the O.Ps compelled to file this case.
It is evident from the record that the opposite parties has received the amount.
After serving notice upon the opposite parties through speed post, the opposite parties were not appeared before this commission.
It is evident from record that the complainant proved her case and the invested amount and matured amount as stated in complaint. The complainant is entitled to get decree.
Issues were framed for the purpose of Decision
- Whether the case is maintainable or not?
- Whether the complainant is entitled to get relief/ reliefs or not?
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.
After consideration the material record submitted by the complainant along with supporting affidavit relating to documents available, it is revealed that the complainant
Contd/-2
C. C. CASE NO. 133/2021
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deposited Rs. 70,000/- to the O.Ps as fixed deposit amount. Here the O.Ps are the service provider and complainant being the customer of O.Ps as such complainant is the customer as per Consumer Protection Act, 2019. Complainant is a resident of North 24 Parganas which is within jurisdiction of this commission. Therefore, this commission has ample power to try this case. As O.Ps did not refund the matured amount to the complainant as such there is deficiency of service on the part of O.Ps.
We have perused the complaint, certificate of fixed deposit which was issued by the opposite parties and along with submitted documents, track report. Evidence of affidavit by the complainant.
The discussed points bear positive results. As such we are of the view that the complainant is entitled to receive her matured amount with interest and she is entitled to get other relief or reliefs which will be reflected in the ordering portion.
All the points are disposed of accordingly.
Hence,
It is Ordered
that the case being No.133/2021 be and the same is allowed exparty against the opposite parties.
The complainant (Mrs.Rituparna Mukhopadhyay) against the opposite parties.
The complainant (Mrs.Rituparna Mukhopadhyay) do get a decree and directed to the opposite parties to pay Rs. 1,82,840/- as maturity amount with an interest of 6% per annum from 30.04.2021 till recovery within two months from the date of delivery of judgment. 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 as per the CPR, 2005.
Dictated & Corrected by me
Member Member
Member
