DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 326/2019
Date of Filing: Date of Admission: Date of Disposal:
08.11.2019 22.11.2019 09.12.2022
Complainant/s:- | Sri Tamal Dutta, S/o. Sri Ranjit Dutta, 377/2, Ashokenagar, P.O. and P.S. Ashokenagar, Dist- North 24 Pgs, Pin-743222. =Vs.= |
Opposite Party/s:- | 1.The Sector Manager, Sahara Office, New Ashirbad Bhawan, Jaygachi Sahara Sector Office, P.O. and P.S. Habra, Dist-North 24 Parganas, Pin-743263, W.B. 2.The Board of Directors, Sahara Q Gold Mart Ltd, 25-28, Floor-2, Plot No. 209, Atlanta Building, Jamanlal Bajaj Marg, P.O. Nariman Point, P.S. Cuffe Parade, Mumbai-Maharashtra, Pin-400021, India. 3.The Director, Sahara Prime City Ltd (Head Office), Sahara India Centre, 2, Kapoorthala Complex, P.O. and P.s. Aliganj, Aligarh, Lucknow -226024, Uttar Pradesh. 4.The Departmental-In-Charge, Sahara Sadan, 2A, Shakespeare Sarani, P.O. Middleton Row, P.S. Shakespeare Sarani, Kolkata-700071, W.B. 5. The Regional Manager, Sahara Regional Office, Badamtala, P.O. Madhyamgram Bazar, P.S.Madhyamgram, Dist- North 24 Pgs, Pin-700130, W.B. |
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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 U/s. 12 of the C.P. Act, 1986.
One complaint filed by the complainant (Tamal Dutta) under Section 12 of the C.P. Act, 1986 and its amended thereto. The complaint is as follows:-
The opposite parties offered for advance Book/ purchase on gold Bank( single) –‘SQGML’ plan towards the present complainant. The complainant accepted the offer of the O.Ps and purchased five certificates for advance book / purchase on gold Bank (singl) ‘SQGNL’ Scheme/plan being certificate Nos. 092000085334,092000085335, 092000085336, 092000085337 and 092000085338, corresponding to receipt Nos. 912009767681, 912009767682, 912009767683, 912009767684 and 912009767685 respectively through authorized centre name and code 1632, Habra Sector on 31.07.2012 regarding as ‘Advance Book /purchase on gold Bank (single) ‘SQGML’scheme /plan. The said five certificates booked gold quality 10 (ten) gram in 22 karat which is stipulated in each certificate. The duration was for five years from 30.07.2012 i.e. 30.07.2017. On the basis of said advance book / purchase the complainant had paid total Rs. 90,000/- (Rs. 18,000/- each). After completing five years complainant went for receiving 50 grams of gold or same value money but the O.Ps were not given him return. Through advocate notice and personally complainant sent the letter but in vain. Complainant personally went the office of the opposite parties but they did not return the gold or same valued money. Compelling circumstances the complainant filed this case. After filing this case notices were sent to the opposite parties and they received the notice. The opposite parties appear and Sector Manager appeared on behalf of all O.Ps and vokalatnama and written version was filed. In written version the O.Ps did not deny the deposited amount of Rs. 90,000/- O.Ps alleged that the complainant did not produce original Sahara Certificate and KYC and there is an embargo of Hon’ble Supreme Court, though they could not submit any order/ direction of Hon’ble Supreme Court. The complainant paid money for purchase on the gold therefore he is the customer of the opposite parties and the opposite parties are the service provider but the opposite parties failed and neglected to provide their service which is unfair trade practice, therefore this case shall be try able under the C.P. Act.
Contd/-2
C. C. CASE NO. 326/2019
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Issue for the case
1.Whether the case is maintainable or not?
2.Whether the complainant is entitled to get any relief or reliefs in this case?
Decision with Reasons
Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.
It is revealed that the complainant deposited money for purchase/ advance booking of gold. The complainant purchased / booked five certificates and all the certificates contain 10 grams of gold i.e. total 50 gms of gold in 22 karat for five years. After completing five years the opposite party was not return the purchased / booked gold to the complainant. The certificate proves itself. Here status of the opposite parties are service provider and complainant being a customer of O.Ps, so complainant become a consumer as per C.P. Act. The complainant is residing with the jurisdiction of this commission and the place of occurrence is also within the jurisdiction of this commission, so this commission has ample power to try this case.
We have perused all the documents and complaint and written version filed by the opposite parties and other documents filed by the complainant. On perused the aforesaid materials it appears that the complainant paid Rs. 90,000/- for purchase / advance booking total 50 gms of gold in 22 Karat for five years and the opposite parties issued certificates regarding the said matter. But the opposite parties did not deliver the same after five years as such there is deficiency of service on the part of the opposite parties. As such we are of the view that the complainant is entitled to receive the purchased gold as prayed for which will be reflected in ordering portion.
Thus all the points are disposed of accordingly.
Hence, for ends of justice
It is Ordered
that the complainant do get a decree and it is directed to the opposite parties that the O.Ps shall deliver total 50 gms. (i. e. 10 gm each of five certificates ) gold coins in 22 Karat to the complainant within two months in default pay the value of the god with Rs. 1,88,500/- with an interest of 6% from 07.11.2019 till recovery within two months. Failing which the complainant has liberty to file execution case as per law.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Dictated & Corrected by me
Member
Member Member
