West Bengal

Nadia

CC/170/2019

BINA MONDAL - Complainant(s)

Versus

FRANCHISE GUARDIAN, ( AMAL KUMAR DAWN) - Opp.Party(s)

MAKBUL RAHAMAN

30 Dec 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
NADIA
170,DON BOSCO ROAD, AUSTIN MEMORIAL BUILDING.
NADIA, KRISHNAGAR
 
Complaint Case No. CC/170/2019
( Date of Filing : 20 Jun 2019 )
 
1. BINA MONDAL
W/O KHITISH CH. MONDAL VILL.- KHIDIRPUR UTTARPARA P.O.- BETHUADAHARI P.S.- NAKASHIPARA, PIN- 741126
Nadia
West Bengal
...........Complainant(s)
Versus
1. FRANCHISE GUARDIAN, ( AMAL KUMAR DAWN)
BETHUADAHARI FRANCHISE SAHARA CREDIT CO OP. SOCIETY LTD. SAHARA INDIA PARIVAR, BETHUADAHARI BRANCH P.O.- BETHUADAHARI, P.S.-NAKASHIPARA, PIN- 741126
Nadia
West Bengal
2. REGIONAL MANAGER , SAHARA CREDIT CO OP. SOCIETY LTD
SAHARA INDIA PARIVAR, VIVEKANANDA NAGAR BADAMTALA, MADHYAM GRAM KOLKATA-700 130
24 PGS (N)
West Bengal
3. CHIEF MANAGER SAHARA CREDIT CO OP. SOCIETY LTD
SAHARA INDIA PARIVAR, JAWAHAR LAL NEHERU ROAD, ELGIN KOLKATA-700 071
Kolkata
West Bengal
4. M.D. (SUBRATA ROY) SAHARA CREDIT CO OP. SOCIETY LTD.
SAHARA INDIA PARIVAR SAHARA INDIA BHABAN, 1, KAPOORTHALA COMPLEX, ALIGANG, LUCKNOW-226 024
Lucknow
U P
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SHYAMALENDU GHOSAL PRESIDENT
 HON'BLE MRS. SMT. ASHOKA GUHA ROY (BERA) MEMBER
 
For the Complainant:MAKBUL RAHAMAN, Advocate
For the Opp. Party:
Dated : 30 Dec 2019
Final Order / Judgement

Ld. Advocate(s)

                        For Complainant          .. Mukbul Rahaman

                        For OP/OPs                  .. None

 

Date of Filing           : 20.06.2019

Date of Disposal      : 30.12.2019

 

:    JUDGMENT & ORDER  dtd. 30.12.2019   :        

 

Nonpayment of the maturity amount of six fixed deposits of the depositor herein, the complainant has obliged her to lodge this complaint u/s 12 of the C.P. Act 1986 for redressal.

The brief fact of the case is that the complainant had six F.D certificates bearing  numbers  705 000546522, 705 000546523, 705 000546526, 705 000546524, 705 000546521 and 705 000546525 for the amount of Rs.18,000/- + Rs.18,000/- + Rs.18,000/- Rs.18,000/-+ Rs.19,000/- + Rs.18,000/- = Rs.1,09,000/- with the OP No.1 for the period from 30.05.2016 to 30.05.2017, i.e., for the period of 12 months.  According to the condition of the F.D. Scheme, the complainant is entitled to get the maturity amount of Rs.19,620/- + Rs.19,620/- + Rs.19,620/- + Rs.19,620/- + Rs.20,710/- + Rs.19,620/- = Rs.1,18,810/-  up to date interest as per norms of the OPs.  The complainant has made claim as per rule but no payment has been made by the OPs.  The complainant in her averment had prayed for directing the OPs to refund of Rs.1,18,810/- + up to date interest as per norms of the OPs,  a compensation of Rs.1,00,000/- for harassment and mental agony and Rs.1,00,000/- as litigation cost.

After receiving the notice none of the OPs on behalf of Sahara India Parivar appeared before this Forum or filed written version to contest this case.  So the case was heard ex-parte against the OPs.

On argument the Ld. Lawyer for the complainant argued that she had submitted proper demand notice but the OPs gave no reply. 

From the above discussion and as per original documents which are kept in the record, it is clear that the complainant is entitled to get the maturity amount of Rs.1,18,810/-  together with up-to-date interest as per norms of the OPs.  It is the deficiency in service on the part of the OPs not to make payment of the maturity amount in time.  The complainant is not responsible for the internal disturbance of the OPs.

Hence, it is                                       

O R D E R E D,

That the OPs are hereby directed to refund of Rs.1,18,810/-  + up-to-date interest to the complainant as per norms of the OPs within 30 days from the date of this order, failing which an interest @ 10% p.a. shall be imposed on the total amount up to the date of this order.  A compensation of Rs. 15,000/- for harassment and mental agony and litigation cost of Rs. 6,000/- are  to be paid to the complainant by the OPs within 30 days from the date of this order.

The case be and the same is allowed ex-parte against the OPs. 

            Let a plain copy of this judgment/order be supplied to the parties forthwith free of cost.

 
 
[HON'BLE MR. SHYAMALENDU GHOSAL]
PRESIDENT
 
 
[HON'BLE MRS. SMT. ASHOKA GUHA ROY (BERA)]
MEMBER
 

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