West Bengal

Kolkata-I(North)

CC/99/2022

Nirmola Tiwari - Complainant(s)

Versus

The Secretary, Humara India Credit Co Operative Society Ltd. - Opp.Party(s)

31 Jan 2023

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/99/2022
( Date of Filing : 28 Mar 2022 )
 
1. Nirmola Tiwari
20, M D Road, Barabazar, Kolkata - 700007.
...........Complainant(s)
Versus
1. The Secretary, Humara India Credit Co Operative Society Ltd.
Mangal Jyoti, 227/2, A. J. C. Bose Road, P.S. - Ballygaunge, Kolkata - 700020.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Firoza Khatoon PRESIDENT
 HON'BLE MRS. Maitreyee Chakraborty MEMBER
 
PRESENT:
 
Dated : 31 Jan 2023
Final Order / Judgement

The brief fact of the case is that the complainant deposited Rs.1,00,000/- (Rupees One Lakh) only in total as fixed deposit with the opposite party. The opposite party issued 3 (three) certificates as mentioned below:-

Sl.

No.

Certificate No.

Account No.

Deposited on

Date of Maturity

Amount deposited Rs.

Maturity amount Rs.

1.

438000836656

24187400575

30.11.2018

30.11.020

45,000/-

56,448/-

2

438000836656

24187400575

30.11.2018

30.11.020

79,022/-

79,022/-

 

 

 

 

Total

1,24,022/-

1,32,470/-

 

Sl.

No.

Certificate No.

Account No.

Deposited on

Date of Maturity

Amount deposited Rs.

Maturity amount Rs.

1.

438000836657

24187400576

30.11.2018

30.11.020

45,000/-

56,448/-

2

438000836657

24187400576

30.11.2018

30.11.020

79,022/-

79,022/-

 

 

 

 

Total

1,24,022/-

1,32,470/-

 

Sl.

No.

Certificate No.

Account No.

Deposited on

Date of Maturity

Amount deposited Rs.

Maturity amount Rs.

1.

438000836660

24187400579

30.11.2018

30.11.020

10,000/-

12,544/-

2

438000836660

24187400579

30.11.2018

30.11.020

17,560/-

17,560/-

 

 

 

 

Total

27,560/-

30,104/-

After the date of maturity, the complainant vide letter dated 23.02.2022 demanded for refund of maturity amount. Since the opposite party did not care to refund the maturity value, the complainant filed the instant case with the following prayers.

To direct opposite party to refund the maturity value of six certificates amounting Rs.2,95,044/- (Rupees Two Lakh Ninety Five Thousand Forty Four) only.

To direct opposite party to pay compensation Rs. 1,00,000/- (Rupees One Lakh) only for harassment and mental agony.

To direct opposite party to pay litigation cost Rs. 10,000/- (Rupees Ten Thousand) only.

To pass such order or orders as you Honour may deem fit and proper.

In spite of service of notice, the opposite party deliberately not appeared in the case to contest the same. Resultantly the instant case is proceeded ex-parte against the opposite party.

Complainant has filed affidavit in chief in support of his claim. Two original certificates are marked as Ext. 1, 2 & 3.

Ext. 1, 2 and Ext. 3 reveals that the complainant deposited Rs.45,000/- (Rupees Forty Five Thousand) only each in two certificates bearing no. 438000836656 and no. 438000836657 and deposited Rs.10,000/- (Rupees Ten Thousand) only in one certificate bearing no. 438000836660 total amount being Rs.1,00,000/- (Rupees One Lakh) only. The maturity amount has been mentioned as Rs.56,448/- (Rupees Fifty Six Thousand Four Hundred Forty Eight) only in two certificates and Rs.12,544/- (Rupees Twelve Thousand Five Hundred Forty Four) only in one certificate. Therefore, the total amount is being Rs.56,448/- x 2 = Rs.1,12,896/- (Rupees One Lakh twelve thousand eight hundred ninety six) only and Rs.12,544/- (Rupees Twelve Thousand Five Hundred Forty Four) only i.e. total Rs.1,25,440/- (Rupees One Lakh Twenty Five Thousand Four Hundred Forty) only on maturity.

It is mentioned in Ext. 1, 2 and Ext. 3 on the basis of participation in the activities as per objects of society and various other factors member can further accumulate maximum upto 790 Joining Points which would approximately be an amount to Rs.79,022/- (Rupees Seventy Nine Thousand Twenty Two) only and Ext. 3 can further accumulate 175 joining points which would approximately be an amount to Rs.17,560/- (Rupees Seventeen Thousand Five Hundred Sixty) only and the same terms mentioned in Ext. 1 and 2 depending upon the various factors at the time of redemption. Therefore, this amount cannot be taken into consideration.

All three certificates under Golden 24 scheme were taken on 30.11.2018 and the maturity date was 30.11.2020.

Though in affidavit in chief the complainant stated that on several occasions he demanded the maturity amount and ultimately sent a letter dated 23.02.2022 to opposite party demanding maturity amount but no such letter dated 23.02.2022 or proof of service of alleged letter dated 23.02.2022 had been produced in evidence by the complainant. There is absolutely no evidence on record in proof that the opposite party has refused to disburse the maturity amount of Ext. 1, 2 and Ext. 3 in favour of the complainant. There is absolutely no evidence on record to ascertain that the complainant after maturity date of Ext. 1, 2 and Ext. 3 demanded the amount from opposite party or the opposite party has refuted to disburse the maturity amount of the certificates in favour of the complainant.

Therefore, it is apparent on the face of the record that there is no cause of action to file the case.

Hence, it is

O R D E R E D

that the case be and the same is dismissed without cost.

 
 
[HON'BLE MRS. Firoza Khatoon]
PRESIDENT
 
 
[HON'BLE MRS. Maitreyee Chakraborty]
MEMBER
 

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