DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 232/2019
Date of Filing: Date of Admission: Date of Disposal:
25.07.2019 30.07.2019 17.05.2022
Complainant/s:- | Sri Ujjal Paul, S/o. Ashim Paul, Vill- Sadpur, P.O. Maslandpur, P.S. Habra, Dist- North 24 Parganas, Pin-743289. = Vs = |
Opposite Party/s:- | 1. Sahara Q Shop Unique Products Range Ltd, its regd. office at Sahara India Bhawan, 1, Kapoorthala Complex, P.O. and P.S. 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, P.O. and P.S. Shakespeare Sarani, 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 O.P. No.2 the complainant agreed to deposit in Sahara Q Shop Unique Scheme and as such she invested an amount of Rs.65,450//- and to that effect the O.P. No.2 issued seven numbers of receipts being Nos. 71022470000 dated 23.05.2012 amounting to Rs. 13,550/-, 71027333588 dated 23.06.2012 amounting to Rs. 7,350/- , 71027341051 dated 25.06.2012 amounting to Rs. 7,350/-, 71027348939 dated 26.06.2012 amounting to Rs. 7,350/-, 71027348938 dated 26.06.2012 amounting to Rs. 7,350/-, 71042811626 dated 16.10.2012 amounting to Rs. 11,250/-and 71042814627 dated 19.10.2012 amounting to Rs. 11,250/-. Even after the maturity of the said certificates the O.P. Nos. 1,2 and 3 failed and neglected to refund the maturity amount in spite of several demands by the complainant. Hence the complainant filed the case praying for a direction to the O.P. Nos. 1,2 and 3 to pay the matured value of the said two certificates and other reliefs. )
The O.Ps contested the case 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. 232/2019
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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 certificate 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 certificate 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 his favour.
Hence,
it is Ordered,
that the case be and the same is allowed on contest against the opposite parties.
The O.P. Nos. 1, 2 and 3 are directed to pay the matured value in respect of seven Certificate Nos. 71022470000, 71027333588,71027341051, 71027348939, 71027348938, 71042811626 and 71042814627 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
