DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C. C. No. 278/2021
Date of Filing: Date of Admission: Date of Disposal:
13.12.2021 28.12.2021 21.12.2022
Complainant/s:- | Ruma Halder, W/o. Timir Halder, 2.Timir Halder, S/o. Late Arun Halder, both are residing at Vill-Jamdani, P.O. Khantura, P.S. Gaighata, Dist- North 24 Parganas, Pin-743273. -Vs- |
Opposite Party/s:- | 1.The Manager, Sahara Credit Cooperative Society Ltd, Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, P.O. Aliganj, P.S. Aliganj, Dist- Lucknow, Pin-226024. 2.The Sector Manager, Sahara Credit Cooperative Society Ltd, New Ashirbad Bhawan, Joygachi, Jessore Road, P.O. Habra, P.S. Habra, Dist- North 24 Parganas, Pin-743263. |
P R E S E N :- Smt. Monisha Shaw …………………. Member.
:- Sri Abhijit Basu……………………….Member
JUDGMENT / FINAL ORDER
The case was filed by two complainants under Section 35 of the C.P. Act, 2019 as amended for gross deficiency of service and adopted unfair trade practice by the opposite parties. The brief of case is as follows:-
The complainants paid following amount to the opposite parties for fixed deposit scheme for a period of eight years to the office of opposite parties on 01.12.2011. The opposite parties are carrying a business for non-banking financial institute under the name and style of ‘Sahara Credit Cooperative Society Ltd’. The complainants are the husband and wife herein.
The complainant No.1 opened an account for fixed deposit and the O.Ps are issued certificate and membership No. The certificate No. 351001003258, Membership No.16321115172, deposited amount -10,000/- Date of issue 01.12.2011, Date of Maturity 01.12.2019, Matured amount Rs. 26,120/-. The complainant No.2 opened another fixed deposit account and the O.Ps issued certificate and account No to the complainant No.2. The certificate No.351001708821, Account No.16321115517, deposited amount 10,000/-, Date of issue -18.12.2011, Date of Maturity 08.12.2019, Matured amount Rs. 26,120/-. After maturity complainants contracted to the opposite parties to know the process to get back their maturity amount but in vain. Hence the complainants filed this case. The complainants issued notices to the opposite parties after filling the case but in spite of receiving the notices the O.Ps were not appeared before this commission. Hence the case is heard exparte.
Following issues are framed for the purpose of decision
1.Whether the case is maintainable or not?
2.Whether the complainants are entitled to get relief/ reliefs in this case or not?
Decision with Reasons
Considering the facts and circumstances as well as nature and character of the case all the points are interlinked to each other as such all the points are taken up together for consideration for the sake of brevity and convenience. The case is within the territorial and pecuniary jurisdiction of this commission. Considering the complaint sworn affidavit by the complainant and other documents it revealed that the complainant No.1 deposited Rs. 10,000/- for opened an account of fixed deposit for 8 years and the matured amount was Rs. 26,120/- as on 01.12.2019. The complainant No.2 also opened a fixed deposit account by
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C. C. No. 278/2021
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depositing Rs. 10,000/- for eithgt year and the matured amount was Rs. 26,120/- as on 08.12.2019. After maturity the opposite parties not returned the matured amount. Hence this case is filed by the complainants. Complainants prayed for reliefs to pay at Rs. 26,120/- in favour of complainant No.2 with 12% interest and compensation and litigation cost. We are of opinion that the complainants are entitled to get relief.
Thus, all the points are disposed of accordingly.
Hence,
It is Ordered
that the case be and the same is allowed on exparte against opposite parties.
The opposite parties are directed to pay the matured amount of Rs. 26,120/-in favour of the complainant No.1 as matured amount with 6% interest from the date of maturity (i.e. 01.12.2019) till recovery and also directed to pay Rs. 26,120/- in favour of the complainant No.2 as matured amount with 6% interest from the date of maturity (i.e.01.12.2019) till recovery after receiving the original certificate. The said amounts and interest shall be paid by the opposite parties within two months from the date judgment. Failing which the complainants have liberty to file execution case as per law.
Let plain copy of this order be given to the parties free of cost.
Dictated & Corrected by
Member Member
