West Bengal

Cooch Behar

CC/9/2020

Smt. Anannya Banerjee (Sengupta), - Complainant(s)

Versus

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

Sri Kumardip Mukherjee

30 Jun 2022

ORDER

District Consumer Disputes Redressal Commission,
B. S. Road, Cooch Behar -736101.
Ph. No. 03582-230696, 222023
E-mail - confo-kb-wb at the rate of nic.in
Web - www.confonet.nic.in
 
Complaint Case No. CC/9/2020
( Date of Filing : 03 Feb 2020 )
 
1. Smt. Anannya Banerjee (Sengupta),
W/o. Sri Abhisekh Banerjee, Dinhata Road, Bhowal More, P.S. Kotwali, P.O. & Dist. Cooch Behar-736101.
...........Complainant(s)
Versus
1. The Sector manager, Humara India Credit Co- Operative Society Ltd.,
(Sahara Credit Co-Operative Society Ltd.), Cooch Behar Branch, Upper Kshetriya Gramin Bank, 2nd Floor, Sunity Road, P.S. Kotwali, P.O. & Dist. Cooch Behar-736101.
2. The Authorised Officer, Humara India Credit Co-Operative Society Ltd.,
Mangal Jyoti, 101, 227/2 A.J.C. Bose Road, Kolkata-700020.
3. The Director, Sahara Q Shop Unique Products Range Ltd.,
Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. HARADHAN MUKHOPADHYAY PRESIDENT
 HON'BLE MRS. RUMPA MANDAL MEMBER
 HON'BLE MR. SUBHAS CHANDRA GUIN MEMBER
 
PRESENT:Sri Kumardip Mukherjee, Advocate for the Complainant 1
 
Dated : 30 Jun 2022
Final Order / Judgement

 

Hon'ble Mrs. Rumpa Mandal, Member.

The Financial  imbroglio in withdrawing money faced by the Complainant driven him to take recourse of this Commission for Redressal of his grievances. The basic fact of the grievance of the complainant reduced in black and white is that the complainant Smt. Anannnya Baberjee ( Sengupta)  invested money to the tune of Rs.30,000/- with the O.P. i.e Sahara Credit Co-operative Society Ltd in their Housing bonds ( option-D) of Shahra Housing Investment Corporation Ltd against which the OPs Sahara India Pariwar issued her two numbers of certificates being No 010555422065 and 0105554220066 dt.26.12.2009 of Rs.15000/- each.  Subsequently, the OPs in the year 2012 informed to complainant  as  per their company policy OPs have rolled the complainant investment from Housing Bonds ( option D) of Sahara Housing Investment corporation Led to Q shop Plan  -H of Sahara Q shop  Products Range Limited and they also issued two certificates being certificate No 071024758273 and 071024759923 dt 27.06.2012  and 30.05.2012 respectively. Again in the year 2016  the said investment of the Complainant had been converted  to F 36 Golden VM of Sahara India credit Co-operative Society Ltd of Sahara India Pariwar and this time the Ops issued two numbers of certificates being Certificate No 605000140775 and 605000140776 dt.09.02.016, maturity date of both being 09.02.19 for Rs.54835 and Rs.54221/- respectively. Ultimately, the said certificates were matured on 09.02.2019.

Subsequently, on maturity, on being approached by the Complainant Ops failed to make payment of amount of Maturity. Despite filing written complaint by the complainant on 13.12.2019 with the OP No1  he did not receive any positive response  and finally, he was compelled to file in terms of the written complaint  before this Commission this case praying for relief.

The OPs did not contest this case by filing written version, evidence  on affidavit and  written argument. The OPs were absent without taking any steps since long time. They did not turn up before this Commission to contest the case further. Accordingly, the case has been heard exparte against  the O.P.

During argument the Ld. Counsel for the OP did not  file  any written argument & did not appear before this commission for the argument as the matter has been heard exparte. The OPs did  not raise any dispute about the purchase of certificates by the complainant from them. The said certificates  were matured and these were also not disputed.

After perusing the entire case record and the documentary evidence filed by  Complainant through evidence on affidavit, the original certificates, it stands proved that the complainant is a consumer under the C.P. Act  and she had made investment with OPs . So she should not be deprived of the returns from then . The entire pleadings of the Complainant and the evidence on record stand unchallenged  and undiscarded in as much as the case is hard expart.

Thus after assessing the pleading of the Complainant and the unchallenged documentary evidence adduced before this Commission it stands well proved that the Complainant is entitled to get the  relief prayed  for as the matter is heard exparte. In the result the case succeeds exparte.

Hence, it is

Ordered

That the instant case be and the same is allowed exparte against the O.Ps without cost.

The Opposite parties are directed to pay a sum of Rs.1,09,056/- with interest @6% per annum from the date of passing this order till the date of recovery of the entire amount to the Complainant. OPs are also directed to pay the said decretal amount of Rs.1,09,056/- together with the interest @ 6% P.A. Rs.40,000/- for mental pain and agony and Rs.40,000/- towards unfair trade practice and cost of the proceedings of Rs.8,000/-to the complainant  within 15 days of passing this order in default the complainant shall be entitled to get an interest @ 6% per annum on the entire awarded money from the date of passing the order till the date of  realization of the decreetal amount.

Let a plain copy of this order be supplied to the concerned party by hand / by Registered post with A/D forthwith, free of cost for information & necessary action, as per rule.

The copy of the Final Order is also available in the official Website www.confonet.nic.in.

Dictated and corrected by me.

 
 
[HON'BLE MR. HARADHAN MUKHOPADHYAY]
PRESIDENT
 
 
[HON'BLE MRS. RUMPA MANDAL]
MEMBER
 
 
[HON'BLE MR. SUBHAS CHANDRA GUIN]
MEMBER
 

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