DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 175/2019
Date of Filing: Date of Admission: Date of Disposal:
03.06.2019 17.06.2019 30.05.2022
Complainant/s:- | Mrs. Anupa Ghosh, W/o.Shri Dipak Kumar Ghosh, 6/1, Shyamasreepalli 4th Lane, P.O. Nona Chandanpukur, (Barrackpore), P.S.Titagarh, Kolkata, North 24 Parganas, Pin-700122, West Bengal. = Vs = |
Opposite Party/s:- | The Manager, Sahara India Pariwar, 195, Barasat Road, P.O. Nona Chandanpukur, Barrackpore, P.S. Titagarh, Kolkata, North 24 Parganas, Pin-700122, West Bengal. |
P R E S E N T :- Shri Debasis Mukhopadhyay…………President.
:- Smt. Monisha Shaw …………………. Member.
JUDGMENT/FINAL ORDER
This is a complaint under Section 12 of the C.P. Act, 1986.
The complainant stated that she invested sum of Rs. 30,000/- at the rate of 6,000/- on yearly basis with effect from 31.12.2009 with the O.P and the O.P – Manager, Sahara India Pariber issued one pass book No. 24242906938 dated 31.12.2009.The tenure of maturity was after 60 months with effect from 31.12.2009. The date of redemption deposited was 31.12.2014 and the O.P was to refund Rs. 40,000/- as on 31.12.2014. But the O.P did not refund the amount after maturity in spite of several requests of demand. The complainant submitted documents to the office of the O.P as scheduled by SEBI for onward submission of the claim to the SEBI. But the O.P did not take any steps and hence the complainant filed this case praying for refund of the amount of Rs.40,000/- along with interest from 31.12.2014 and compensation and litigation cost.
The O.P did not appear to contest the case in spite of service of summons and hence the case heard exparte.
The complainant submitted that the O.P failed and neglected to repay the amount invested by the complainant and also failed and neglected to forward the claim to the SEBI along with the documents submitted by the complainant to the O.P for onward submission to the SEBI. He submitted that there was gross deficiency in service and hence the complainant is entitled to get the relief as prayed for.
Decision with Reasons
Considering the facts and circumstances of the case as per the complaint and the evidence of the complainant we find that the complainant has proved the case that she invested Rs. 30,000/- and the O.P failed and neglected to refund the maturity value of Rs. 40,000/- as per terms and conditions. There is evidence to the contrary and in absence of any evidence by the O.P, we have no other alternative than to believe the complainant’s case. Accordingly, we find that the complainant has proved her case exparte and is entitled to get the decree in her favour.
Contd/-2
C.C. No. 175/2019
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Hence,
it is Ordered,
that the case is allowed exparte against the O.P.
The O.P is directed to refund the maturity amount of Rs. 40,000/- to the complainant in respect of her pass book No. 24242906938 dated 31.12.2009 along with interest at the rate of 6% p.a. on the decretal amount from 31.12.2014 till payment within two months from this date. 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
President
Member President
