DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 134/2021
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, Saharayn Universal Multipurpose Society Ltd, 195, Zone,-1, in front of D. B. Mall, M.P. Nagar, P.O. M.P. Nagar, P.S. M.P. Nagar, Dist- Bhopal, Madhya Pradesh-462011. 2. The Sector Manager, Saharayn Universal Multipurpose Society Ltd, 29/2B, N. K. Banerjee Lane, P.O. Rishra, P.S. Rishra, Dist- Hooghly, Pin-712248. 3. The Regional Manager, Saharayn Universal Multipurpose Society Ltd, AB Place, 2nd Floor, 395/2, G.T. Road, P.O. South Shibpur, P.S. Shibpur, Dist-Howrah, Pin-711103. |
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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 (Mrs. Rituparna Mukhopadhyay) filed the complaint U/s. 35 of the Consumer Protection Act 2019 as amended upto date alleging deficiency of service as well as unfair trade practice against the opposite parties as the O.Ps did not take any steps for redress his grievances till filing of this complaint.
The brief facts of the case is the complainant open two accounts from the office of opposite parties as fixed deposits under the scheme namely ‘SUPER BB’. The complainant deposited two fixed deposits at the office of O.Ps and issued two certificates by O.Ps, the descriptions are as under:
Certificate No. Membership No. Deposited amount Matured amount Date of deposited mount
1.467001941674 916158000310 Rs. 1,60,000/- Rs.3,24,715/- 14.03.2018
2. 467001941675 91615800310 Rs. 56,000/- Rs. 1,13,649/- 14.03.2018
(Total deposited amount 2,16,000),Total Matured amount :- 4,38,364/-.)
After 36 month the matured amount may be withdrawn by the complainant it is mentioned at the clauses of the opposite parties issued certificates. The said fix deposits were for 36 months. But after completing 36 months the complainant went to the office of opposite party for taking information of withdraw the said matured amount but in vain. Although the O.Ps misbehaved with the complainant. Compelling circumstances the complainant filed this case.
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 the case all the points are inter-linked with each other and as such all the points are taken up together for consideration.
Contd/-2
C. C. CASE NO. 134/2021
:: 2 ::
We considered the submitted documents along with the compliant supported with affidavit and argument of the Advocate of complaint it is revealed that the complainant deposited total Rs. 2,16,000/- by two fixed deposit under the scheme of ‘SUPER BB’ and the O.Ps issued certificates with a matured value total Rs. 4,38,364/- after 36 months. After 36 months O.Ps were not cooperate with the complainant for return the matured amount for withdrawal. Here complainant is a customer and / or consumer and opposite parties are service provider of the case. As O.Ps did not refund the maturity amount to the complainant as such there is deficiency of service on the part of opposite parties. Hence, the O.Ps are liable to return the matured amounts to the complaint. Thus all the points are disposed of accordingly.
Hence,
It is Ordered
that the case being No.134/2021 be and the same is allowed exparty as after servicing notice upon the O.Ps through speed post and after receiving notice (as per track report), O.Ps are not appeared before this commission.
The complainant (Mrs. Rituparna Mukhopadhyay) do get a decree of matured amount with interest as such it directed to the opposite parties to pay Rs. 4,38,364/- matured amount with 6% interest from the date of maturity till recovery for two certificates being Nos. 457001941674 and 467001941675 dated 14.03.2018 within two months from the date of judgment. Failing which the complainant has liberty to file execution petition as per law.
Let plain copy of this order be given to the parties free of cost.
Dictated & Corrected by me
Member Member
Member
