West Bengal

Nadia

CC/100/2019

BUDDHADEB SIL - Complainant(s)

Versus

FRANCHISE HEAD ( N.K. DEBNATH) HAMARA INDIA CREDIT CO OPERATIVE SOCITY LTD. - Opp.Party(s)

06 Jan 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
NADIA
170,DON BOSCO ROAD, AUSTIN MEMORIAL BUILDING.
NADIA, KRISHNAGAR
 
Complaint Case No. CC/100/2019
( Date of Filing : 30 May 2019 )
 
1. BUDDHADEB SIL
S/O- JADAB CH. SIL VILL KARIMPUR COLLEGE ROAD, P.O.- KARIMPUR P.S.- KARIMPUR, PIN- 741152
Nadia
West Bengal
...........Complainant(s)
Versus
1. FRANCHISE HEAD ( N.K. DEBNATH) HAMARA INDIA CREDIT CO OPERATIVE SOCITY LTD.
SAHARA INDIA PARIVAR VILL KARIMPUR P.O.- KARIMPUR P.S.- KARIMPUR, PIN- 741152
Nadia
West Bengal
2. REGIONAL MANAGER , HAMARA INDIA CREDIT CO OPERATIVE SOCITY LTD.
SAHARA INDIA PARIVAR. VIVEKANANDA NAGAR , BADAM TALA, MADHYAM GRAM, KOL- 700 130
Kolkata
West Bengal
3. CHIEF MANAGER ( SAHARA SADAN) HAMARAINDIA CREDIT CO OPERATIVE SOCIETY LTD.
SAHARA INDIA PARIVAR, MANGAL JYOTI AJC BOSE ROAD, KOL- 700 020
Kolkata
West Bengal
4. MANAGER HAMARAINDIA CREDIT CO OPERATIVE SOCIETY LTD.
SAHARA INDIA PARIVAR, SAHARA INDIA BHABAN 1, KAPOORTHALA COMPLEX, ALIAGUNJ, LUCKNOW 226024
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:
For the Opp. Party:
Dated : 06 Jan 2020
Final Order / Judgement

Ld. Advocate(s)

                        For Complainant          .. Mukbul Rahaman

                        For OP/OPs                  .. None

 

 

Date of Filing           : 30.05.2019

Date of Disposal      : 06.01.2020

 

:    JUDGMENT & ORDER  dtd. 06.01.2020   :        

 

Nonpayment of the maturity amount of nine fixed deposits of the depositor herein, the complainant has obliged him 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 nine F.D certificates bearing  numbers  605 000125524, 605 000125525, 605 000125526, 605 000125527, 605 000125528, 605 000125529, 605 000125530, 605 000125531 and 605 000125532  for the amount of Rs.28,905/-+ Rs.28,905/-+ Rs.28,905/-+ Rs.19,756/-+ Rs.19,756/-+ Rs.37,296/-+ Rs.37,296/-+ Rs.6,693/-+ Rs.5,361/- = Rs.2,12,873/-  with the OP No.1 for the period from 29.01.2016 to 29.01.2019, i.e., for the period of 36 months.  According to the condition of the F.D. Scheme, the complainant is entitled to get the maturity amount of Rs.3,26,973/- + 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 his averment had prayed for directing the OPs to refund of Rs.44,398/-+Rs.44,398/-+Rs.44,398/-+Rs.30,345/-+Rs.30,345/-+ Rs.57,287/-+ Rs.57,287/-+ Rs.10,280/-+ Rs.8,235/-= Rs.3,26,973/- + up to date interest as per norms of the OPs,  a compensation of Rs.1,00,000/- for harassment and mental agony and Rs.70,000/- 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 he 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.3,26,973/- 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.3,26,973/- + 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.7,000/- for harassment and mental agony and litigation cost of Rs.5,000/- 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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