West Bengal

North 24 Parganas

CC/205/2019

Gobinda Roy - Complainant(s)

Versus

Sahara Q Shop Unique Products Range Ltd. - Opp.Party(s)

Avijit Gope

10 Aug 2022

ORDER

DCDRF North 24 Paraganas Barasat
Kolkata-700126.
 
Complaint Case No. CC/205/2019
( Date of Filing : 21 Jun 2019 )
 
1. Gobinda Roy
S/O Lt. D.N.Roy, Vill.-Uludanga No. Government Colony, P.O.-Maslandpur, P.S.-Habra, Pin-743289
North 24 Parganas
West Bengal
...........Complainant(s)
Versus
1. Sahara Q Shop Unique Products Range Ltd.
Sahara India Bhawan, 1, Kapoorthala Complex, P.O.& P.S.-Aliganj, Pin-226024
Lucknow
Uttar Pradesh
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Debasish Mukhopadhay PRESIDENT
 HON'BLE MS. Ms. Monisha Shaw MEMBER
 
PRESENT:
 
Dated : 10 Aug 2022
Final Order / Judgement

DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 205/2019

 

Date of Filing:                      Date of Admission:             Date of Disposal:

21.06.2019                                   27.06.2019                            10.08.2022

Complainant/s:-       

 SRI GOBINDA ROY, S/o Late Debendra Nath Roy of Vill. Uludanga No. 1 Government Colony, P.O. Maslandpur, P.S. Habra, District North 24 Parganas, Pin – 743289.

 

    = Vs =

 

Opposite Party/s:-

  1. SAHARA Q SHOP UNIQUE PRODUCTS RANGE LIMITED, having its registered office at Sahara India Bhawan, 1, Kapoorthala Complex, P.O. & P.S. Aliganj, Lucknow – 226024.

 

  1. SAHARA Q SHOP UNIQUE PRODUCTS RANGE LIMITED, Having its Sector Office at New Ashirbad Bhawan, Joygachhi, Jessore Road, P.O. & P.S. Habra, North 24 Parganas, Pin – 743263.

 

  1. THE REGIONAL MANAGER, SAHARA Q SHOP UNIQUE PRODUCTS RANGE LIMITED at Badamtala, Madhyamgram, P.O. & P.S. Madhyamgram, District North 24 Parganas.

 

  1. THE REGIONAL DIRECTOR, SEBI, L & T Chambers, 3rd Floor, 16 Camac Street, P.O. & P.S. Shakespeare Sarani, Kolkata – 700017.

 

 

P R E S E N T              :-      Shri Debasis Mukhopadhyay…………President.

                                       :-      Smt. Monisha Shaw …………………. Member.

 

 

JUDGMENT/FINAL ORDER

 

            The Complainant stated that being convinced by the representation made by the officer of the O.Ps the Complainant agreed to deposit in SAHARA Q SHOP UNIQUE Scheme and as such he invested an amount of Rs. 71,750/- (Rupees seventy one thousand seven hundred and fifty only) to SAHARA Q SHOP UNIQUE scheme and to that effect opposite party no. 2 issued Certificate being nos. 562015410388 dated 23.05.2012 in respect of amounting to Rs. 12,650/- and Certificate nos. 562015410501 dated 24.05.2012, 562015410625 dated 25.05.2012, 562015410794 dated 26.05.2012, 562015411023 dated 29.05.2012, 562015411148 dated 30.05.2012 and 562015411291 dated 31.05.2012, having each amounting to Rs. 9,850/- (Rupees nine thousand eight hundred fifty only). But after the maturity of the said certificates the O.P. No. 1 to 3 failed and neglected to refund the maturity amount of the said certificates inspite of repeated request and demand by the Complainant. Hence the Complainant filed this case praying for an order for direction to O.P. No. 1 to 3 to pay the matured value of the said certificates and also for compensation and cost.

 

            The O.P. Nos. 1 to 3 contested the case by filing W/V denying the allegations of the Complainant. These O.Ps stated that the Complainant has not submitted any documents or KYC for processing the claim of the Complainant and therefore the case is liable to be dismissed. After filing the W/V the Complainant did not adduce any evidence for contesting the case.

 

            The Ld. Advocate for the Complainant submitted that the O.P. Nos. 1 to 3 failed and neglected to pay the matured value of the certificates and therefore the Complainant is entitled to get the decree as prayed for.

 

           

 

Contd. To Page No. 2 . . . ./-

 

 

 : :  2  : :

 

C.C. No. 205/2019

 

Considering the written complaint the W/V and also the evidence of the Complainant and the submissions it is found that the Complainant has proved his case that he invested the amount as per the certificates mentioned in the complaint but thereafter the O.P. Nos. 1 to 3 failed and neglected to pay the matured value of the certificates. There is no evidence to the contrary to disbelieve the Complainant’s evidence and therefore it can safely be found that the Complainant has established his case and is entitled to get the decree as prayed for.

 

There is no relief claimed against the O.P. No. 4 / SEBI and therefore the case is liable to be dismissed as against O.P. No. 4.

 

Hence,

It is Ordered:-

 

            That the case is decreed on contest against the O.P. Nos. 1 to 3 and dismissed against O.P. No. 4.

The O.P. Nos. 1 to 3 are directed to refund the maturity value of the certificates nos. 562015410388, 562015410501, 562015410625, 562015410794, 562015411023, 562015411148 and 562015411291, to the Complainant along with 6% interest thereon from the date of filing of this case till payment within 02 months from this date failing which the Complainant is at liberty to execute the decree according to law.  

Let plain copy of this order be given to the parties free of cost.

 

Dictated & Corrected by me 

                     

 

President                                                                                                       President

                                                                                                                     

 

 Member

 
 
[HON'BLE MR. JUSTICE Debasish Mukhopadhay]
PRESIDENT
 
 
[HON'BLE MS. Ms. Monisha Shaw]
MEMBER
 

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