West Bengal

Dakshin Dinajpur

CC/17/2018

Sri Shambhu Chand Sarkar, S/O- Late Surendra Nath Sarkar - Complainant(s)

Versus

The Sector Manager, Sahara India Pariwar, Balurghat Sector - Opp.Party(s)

Santanu Dey

20 Jun 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
Dakshin Dinajpur, Balurghat, West Bengal
Old Sub jail Market Complex, 2nd Floor, P.O. Balurghat, Dist. Dakshin Dinajpur Pin-733101
 
Complaint Case No. CC/17/2018
( Date of Filing : 08 Feb 2018 )
 
1. Sri Shambhu Chand Sarkar, S/O- Late Surendra Nath Sarkar
Vill- Kismatdapot, P.O.- Trimohini, P.S.- Hili, Pin- 733126
Dakshin Dinajpur
West Bengal
...........Complainant(s)
Versus
1. The Sector Manager, Sahara India Pariwar, Balurghat Sector
Vill- Biswaspara, P.O. & P.S.- Balurghat, Pin- 733101
Dakshin Dinajpur
West Bengal
2. Sahara Credit Co-operative Society Limited
Sahara India Bhawan, 1, Kapoorthala Complex, aliganj, Lucknow- 226024
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Shyamalendu Ghosal PRESIDENT
 HON'BLE MS. Swapna saha Lady Member
 HON'BLE MR. Subhas Chandra Chakraborty MEMBER
 
For the Complainant:Santanu Dey, Advocate
For the Opp. Party:
Dated : 20 Jun 2018
Final Order / Judgement

Non receipt of pre mature payment from the OP has obliged the certificate holder of the Op to lodge this complainant for adjudication and redressal u/s 12 of the CP Act 1986.

The summation of the case is that the complainant possesses the 11 fixed deposits certificate holder who has prayed for pre mature payment in January 2018 after completion of 71 months of each certificate for his daughter’s marriage. But the OP has paid a deaf ear to his request. So he has been obliged to lodge this complaint so that he may get the pre mature value up to date of his 11 under mentioned certificates:-

 

Certificate No.

Amount

Deposited date

Date of issue certificate.

351002051290

10,000/-

05.01.2012

05.01.2020

351002051291

19,000/-

05.01.2012

05.01.2020

351002051292

19,000/-

05.01.2012

05.01.2020

351002051293

19,000/-

05.01.2012

05.01.2020

351002051294

19,000/-

05.01.2012

05.01.2020

351002051295

19,000/-

05.01.2012

05.01.2020

351002051296

19,000/-

05.01.2012

05.01.2020

351002051297

19,000/-

05.01.2012

05.01.2020

351002051298

19,000/-

05.01.2012

05.01.2020

351002051299

19,000/-

05.01.2012

05.01.2020

351002051300

19,000/-

05.01.2012

05.01.2020

 

He also prayed for interest @10.2% on the principal amount and a compensation amount Rs. 50,000/- and the litigation cost of Rs. 10,000/-.

            The Op in his written version has stated that due to some administrative problem payment of pre matured value of fixed deposits remain stopped. Moreover, the complainant has not submitted his demand in proper format for each certificate. So the claim of the complainant is not agreed upon. The branch manager of the OP in person appeared and stated to the Forum that the complainant is not a certificate holder of his branch, yet if he submits his prayer in proper format he will try his level best to make the payment within 60 days after receipt of the claim form.

            On argument the Ld. Lawyer for the complainant stated to the Forum that the complainant was originally certificate holder of the Balurghat branch but the authority of the OP has arbitrarily transferred his certificate under the jurisdiction of Kamarpara branch. It is not his fault. In the certificate it has been clearly stated what amount is to be paid to the certificate holder as a premature value after the tenure of 60,71,72,84 months though the amount is fixed for 96 months. The administrative constraints of the OP could not be shifted on the shoulder of the depositor.  Moreover, the date of marriage of the complainant’s daughter is fixed on 02.12.2018, So money is urgently required for the preparation of the wedding ceremony of his daughter. The complainant also agreed to submit in proper format his claim and it is reported on 15.06.2018 that the claim as per rule has been submitted on 12.06.2018.

             On argument the Ld. Lawyer for the Op has admitted that they had got the claim on 12.06.2018 and processing has already been started. They prayed for at least 60 days time for making the payment.

             From the above discussion it is revealed that there is enough deficiency in service on the part of the OP for making payment in time to his customer. It is also true that report regarding the company published in different medias reveal some administrative disturbances in the company of the OP. It is also true the OP Company is cooperative enough to redress the grievance of his customers.

 

 

  Hence, it is

                                                O R D E R E D

     The OP is directed to make payment of the principal amount and the interest accrued thereon up to the date of payment which is to be made within 60 days from the date of this order i.e. on or before 20.8.2018, failing which an interest @ 9% on the whole amount will be accrued till full realization of the whole amount., The complainant is eligible to get a litigation cost of Rs.3000/- i.e. also to be paid within 60 days from the date of this order.

 

            Let a plain copy of this order be furnished to the parties forthwith free of cost.

 
 
[HON'BLE MR. JUSTICE Shyamalendu Ghosal]
PRESIDENT
 
[HON'BLE MS. Swapna saha]
Lady Member
 
[HON'BLE MR. Subhas Chandra Chakraborty]
MEMBER

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