DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 40/2022
Date of Filing: Date of Admission: Date of Disposal:
18.02.2022 10.03.2022 05.06.2023
Complainant/s:- | KHAIRUN NESSA, W/o Samsuddin, Residing at 70/2, Chingri Talab, P.O. – Kamarhati, P.S. – Belgharia, District – North 24 Parganas, Kolkata – 700058 = Vs = |
Opposite Party/s:- | - THE MANAGER, Sahara Credit Cooperative Society Limited, of 1, Kapoorthala Complex, Aliganj, Lucknow, P.O. – Lucknow, P.S. – Aliganj, Pin – 226024
|
P R E S E N T :- Smt. Monisha Shaw . . . . . . . .Member.
:- Shri Abhijit Basu . . . . . . . . . . Member.
JUDGMENT/FINAL ORDER
This complaint is filed by the Complainant u/s 35 of the Consumer Protection Act, 2019 (as amended up to date) alleging deficiency in service as well as unfair trade practice against the OP as the OP did not take any step to redress his grievance till filing of this complaint.
The brief fact of the complaint is that the Complainant, (KHAIRUN NESSA) purchased some number of Share Certificates from the Opposite Party Sahara Credit Cooperative Society Limited of Rs. 1,22,000/- on 22.10.2011 being serial Certificates No. 351001137426, 351001137427, 351001137428, 351001137429, 351001137430, 351001137431, 351001137432, 351001137433 and 351001137434 respectively and the aforesaid all share certificates have already been matured and after maturity the amount of Rs.1,22,000/- for all the certificates the Complainant requested to the Opposite party to disclose the entire amount and return to the Complainant.
The Complainant stated that the O.P. failed and neglected to pay the matured value amounting to Rs.1,22,000/- in respect of certificates as mentioned & maturity date is 23.10.2019. The Complainant several time request and served notice to the O.P but the O.P did not turn up.The Office of the O.P’s is 1, Kapoorthala Complex, Aliganj, Lucknow, P.O. – Lucknow, P.S. – Aliganj, Pin – 226024 P.O. Lucknow, P.S. Aliganj.
The cause of action of the complaint case arose on and from 01.12.2021 when the Complainant was served legal notice. Having no other alternative, the Complainant lodged this case on 18/02/2022. It is evident from the record that the O.p received the said notice on18.10.2022 but did not appeared before this commission within the statutory period and the case do run exparte from 27.02.23.
Prayer of the Complainants:-
- Order for recovery of the amounting Rs.1,22,000/- with statutory interest against the O.P.
- Order for all costs of the proceedings.
- Pass any other order / orders as the Ld. District Commission may deemed fit and proper in the fact and circumstances of the case.
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C.C. No. 40/2022
Following issued were framed for the purpose of decision:-
- Whether the complaint is maintainable or not?
- Whether the Complainant is entitled to get relief / reliefs in this case.
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.
On perusal of the materials along with the supporting affidavit related to documents available in the case record as well as hearing of argument by the Ld. Advocate for the Complainant, it is revealed that the Complainant deposited amount of Rs. 1,22,000/- to the OP. Here the status of the OP is service provider and the Complainant being a customer of the OP, so the Complainant becomes a consumer as per Consumer Protection Act, 2019.
The Complainant resides at 70/2, Chingri Talab, P.O. – Kamarhati, P.S. – Belgharia, District – North 24 Parganas, Kolkata – 700058 and the claimed amount does not exceed the pecuniary limit of this Commission. Therefore, this Commission has ample jurisdiction to try this case.
We have perused the complaint as well as Examination-in-Chief on affidavit filed by the Complainant. We have perused the copy of the money receipt and along with copy of the certificate which was provided by the O.P member with the supporting affidavit and other documents filed by the Complainant. On perusal of the aforesaid materials it appears that the Complainant paid Rs. 1,22,000/- on 22.10.2011 for the 9(nine) certificates. Since the O.P did not refund the maturity amount to the Complainant, as such there is deficiency in service on part of the O.P.
The discussed points bear positive results. As such we are of the view that the Complainant is entitled to receive her deposited amount with interest and she is also entitled to other relief/reliefs and that will be reflected in the ordering portion.
Thus all the points are disposed of accordingly.
Hence, for ends of justice:
It is
Ordered
That the instant case being no.CC-40/2022 be and the same is allowed exparte against the OP.
The opposite party is directed to make payment of the maturity value of the certificates No. 351001137426, 351001137427, 351001137428, 351001137429, 351001137430, 351001137431, 351001137432, 351001137433 and 351001137434 respectively to the Complainant along with interest thereon at the rate of 6% p.a from the date of maturity till payment within 3 months from this date.
The Complainant, KHAIRUN NESSA do get a further decree of Rs. 5,000/- as compensation for her mental agony and sufferings and Rs. 2,000/- towards litigation cost within 03 (three) months.
Failing which the Complainant do get the decree with 6% interest on the total matured value from the date of filing till realisation.
In default the Complainant is at liberty to put this decree into execution 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
Member
Member Member
