DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 196/2019
Date of Filing: Date of Admission: Date of Disposal:
18.06.2019 27.06.2019 06.05.2022
Complainant/s:- | Smt. Shikha Tarafdar, W/o. Late Milan Kumar Tarafder, Vill-Sadpur, Maslandpur, P.O.Maslandpur, P.S. Habra, Dist- North 24 Parganas, Pibn-743289. = Vs = |
Opposite Party/s:- | 1.Sahara Q Shop Unique Products Range Ltd, its regd. office at Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024. 2.Sahara Q Shop Unique Products Range Ltd, its Sector Office at New Ashirbad Bhawan, Joygachhi, Jessore Road, P.O. & P.S. Habra, North 24 Parganas, Pin-743263. 3. The Regional Manager, Sahara Q Shop Unique Products Range Ltd,Badamtala, Madhyamgram, P.O. and P.S. Madhyamgram,Dist- North 24 Parganas, Kolkata-700129. 4. The Regional Director, SEBI, L and T Chambers, 3rd Floor, 16, Camac Street, Kolkata-700017. |
P R E S E N T :- Shri Debasis Mukhopadhyay…………President.
:- Smt. Monisha Shaw …………………. Member.
JUDGMENT/FINAL ORDER
This is a complaint under Section 12(13) of the C.P. Act, 1986.
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 she invested an amount of Rs.1,15,000/- in the said scheme and the O.Ps issued certificates being certificate number 562012797079 in respect of amount of Rs. 50,000/- and certificate number 562012797080 in respect of amount of Rs. 65,000/- and the opening date of the said certificate was 21.08.2012. After completion of the tenure of the deposited amount the O.P. No.2 failed and neglected to pay the matured value of the certificates in spite of several demands to that effect. Hence the complainant filed this case praying for a direction to the O.P. Nos. 1,2 and 3 jointly and severally to pay the matured value of certificate Nos. 562012797079 and 562012797080 with interest and for other reliefs.
The O.Ps contested the suit by filing written version denying the allegations of the complainant. The O.Ps submitted that there was no merit in the complaint and it was not maintainable. Hence the O.Ps prayed for dismissal of the case. After filing the written version the O.Ps did not adduce evidence or contest the case.
Upon consideration of the contention of the parties it is found that the point for consideration in this case are whether the case is maintainable and whether the complainant is entitled to get the reliefs as prayed for.
Contd/-2
C.C. No. 196/2019
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Decision with Reasons
Ld. Advocate for the complainant submitted that the complainant deposited the amount as stated in the complaint but the O.P. Nos. 1 to 3 refused to give the maturity value of the certificates in spite of several representations to that effect. He prayed for the decree in favour of the complainant as prayed for.
None appeared for the O.Ps to argue the case.
Considering the petition of complaint , the written version of the O.Ps and the evidence of the complainant and the documents filed we find that the complainant has produced the copy of the certificates from which it is evident that the complainant had deposited the amount as stated by the complainant and the O.Ps after maturity of the certificates failed and neglected to pay the maturity value. The O.Ps did not controvert the allegations of the complaint by filing any evidence on oath. The complainant has proved her case by swearing of affidavit which was not controverted by the O.Ps. Therefore, we find that the complainant has proved her case and is entitled to get the decree in her favour.
Hence,
it is Ordered,
that the case be and the same is allowed on contest against the opposite partied.
The O.P. Nos. 1, 2 and 3 are directed to pay the matured value in respect of Certificate Nos. 562012797079 and 56212797080 upon production of the original certificate and documents of deposit by the complainant along with interest thereon at the rate of 6% p.a from the date of maturity till payment of the same within two months from this date, failing which the complainant is at liberty to execute a decree according to law.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Dictated & Corrected by me
President
Member President
