DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C. C.  No. 223/2021

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

                                                                                                                                                  20.01.2023

P R E S E N T                :-       Smt. Monisha Shaw …………………. Member.

                                       :-        Sri Abhijit Basu……………………….Member

JUDGMENT / FINAL ORDER

             This is a complaint U/s 35 of the Consumer Protection Act, 2019.

            The brief facts of the case is as under:-

            The Complainant is stated that being convinced by the representative of the Opposite Party and the Complainant agreed to deposit money in the SAHARA CREDIT CO-OPERATIVE SOCIETY LIMITED as SAHARA  monthly scheme.

            The Complainant deposited Rs. 12,000/- for SAHARA monthly scheme. The Opposite Party issued a Pass Book being A/c No. 68724801232 being Membership No. 68721300729 dated 23.12.2013 which is also reflected in the Ledger book of the Opposite Party.

            The Opposite party issued the said pass book but after the maturity of the said scheme the Complainant went to the Office of the Opposite Party for realizing and / or collecting the legitimate amount but the Opposite Parties were neglected and refused to refund the legitimate demand amount inspite of several demand by the Complainant. Hence, the Complainant filed this case for direction to the Opposite Party on 2 and 3 to pay the matured value of the said scheme and other reliefs.

            O.P. No. 1, 2 and 3 did not contest the case by filing W/V after receiving the notice.

            Ld. Advocate for O.P. No. 4 appeared and file W/V and submitted that there was no allegation against O.P. No. 4 and therefore this is no case against O.P. No. 4.

Reason for Judgment

            Considering the petition of the complaint written version of O.P. No. 4 and evidence of the Complainant and documents filed, we find that the Complainant had deposited the said amount as stated by the Complainant and O.P. 1 to 3 after maturity of same scheme period failed and neglected to pay the legitimate demand. The O.P. No. 1 to 3 did not controvert the allegation of the complaint by filing any evidence or any oath. The Complainant proved the case by swearing affidavit which was not controverted by O.P. No. 1 to 3. Therefore, we find that the Complainant has proved the case and is entitled to get the decree in his favour against O.P. No. 1 to 3.

            So far as the O.P. No. 4 (SEBI) is concerned is found that the Complainant has not sought for any relief against O.P. No. 4, hence O.P. No. 4 is liable to be dismissed. The Complainants invested money to O.P. No. 1, 2 and 3. Hence, O.P. No. 1, 2 and 3 are liable to refund the matured amount / legitimate amount.           

Hence,

It is Ordered

That the instant case being no.CC- 223/2021 be and the same is allowed on ex-parte against O.P. No. 1, 2 and 3 and dismissed on contest against O.P. No. 4.

The O.P Nos. 1, 2 and 3 are directed to pay the matured value and / or legitimate amount in respect of said scheme being A/c No. 68724801232 and being Membership No. 68721300729 dated 23.12.2013 upon production of original pass book and documents of deposit by the Complainant, along with interest thereon @ 6% p.a. from the date of maturity till payment of the same within 02 months from the date of judgment, failing which the Complainant is at liberty to take steps for execute the decree according to the law.

Let plain copy of this order be given to the parties free of cost as CPR, 2005.

Dictated and Corrected by me

Member

Member                                                                                             Member