DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No.226/2021
Date of Filing: Date of Admission: Date of Disposal:
22.09.2021 31.12.2021 16.05.2023
Complainant/s:- | - SRI SAMIR ARATDAR, s/o Sri Sailen Aratdar, of Vill. & P.O. Arbalia, P.S. Baduria, District North 24 Parganas, Pin - 743437
= Vs = |
Opposite Party/s:- | - THE DIRECTOR, SAHARA CREDIT CO-OPERATIVE SOCIETY LIMITED, having its registered office at Sahara India Bhawan, 1, Kapoorthala Complex, P.O. & P.S. Aliganj, Lucknow – 226024.
- THE BRANCH MANAGER, SAHARA CREDIT CO-OPERATIVE SOCIETY LIMITED, having its Sector Office at New Ashirbad Bhawan, Joygachhi, Jessore Road, P.O. & P.S. Habra, North 24 Parganas, Pin – 743263.
- THE REGIONAL MANAGAER, SAHARA CREDIT CO-OPERATIVE SOCIETY LIMITED, at Badamtala, Madhyamgram, P.O. & P.S. Madhyamgram, District North 24 Parganas, Kolkata – 700129
- THE REGIONAL DIECTOR, SEBI, L & T Chambers, 3rd Floor, 16 Camac Street, P.O. & P.S. Shakespeare Sarani, Kolkata – 700017.
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P R E S E N T :- Smt. Monisha Shaw …………………. Member.
:- Sri. Abhijit Basu …………………. Member.
JUDGMENT/FINAL ORDER
This complaint is filed by the Complainant U/s 35 of the Consumer Protection Act, 2019 (as amended up to date) alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not take any step to redress his grievance till filing of this complaint.
The brief fact of the complaint is that the Complainant, Sri Samir Aratdar deposited in SAHARA monthly scheme and he deposited an amount of Rs. 10,500/- to that effect the O.P. No. 2 / Branch Office issued passbook being account no. 68724200010, being Membership No. 68721200008 which is clearly reflected in the Ledger Book of Opposite Party. The opening date of the said account was 02/01/2012.
The Complainant further stated that the he maintain the norms of the Opposite Party company and completed the tenure and deposited the amount but the Opposite Party No. 2 failed and neglected to pay the deposited amount matured value after maturity period in respect of being account no. 68724200010, being Membership No. 68721200008 in spite of elapsed of maturity period i.e on 15.05.2018 . Then the Complainant went to the office of the Opposite Party No. 2 repeatedly but the Opposite Party no. 2 failed and neglected to pay the legitimate demand of the Complainant.
Being aggrieved the Complainant sent a legal notice on 21/12/2020 requesting to the O.P. Nos. 1 to 3 to disburse the entire matured amount in respect of passbook being account no. 68724200010, being Membership No. 68721200008. There is no relief sought for against the O.P. No. 4 but only for proper adjudication of the instant case the O.P. No. 4 has made party.
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C.C. No.226/2021
Having no other alternative, the Complainant lodged this case on 22/09/2021 before this Commission, D.C.D.R.C., Barasat, North 24 Parganas for his proper redressal. It is evident from the record that after receiving the said notice the OPs did not appeared before this Commission.
Prayer of the Complainants:-
- The OP Parties Nos. 1 to 3 jointly or severally be directed to pay the matured value matured amount in respect passbook being account no. 68724200010, being Membership No. 68721200008.
- The OP Parties Nos. 1 to 3 jointly or severally be directed to pay Rs. 1,00,000/- towards mental agony, pain and unnecessary harassment and litigation cost of Rs. 10,000/-.
- Pass any other order / orders as the Ld. District Commission may deemed fit and proper in the fact and circumstances of the case.
Following issued were framed for the purpose of decision:-
- Whether the complaint is maintainable or not?
- Whether the Complainant is entitled to get relief / reliefs in this case.
Decision with reasons:-
Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.
On perusal of the materials along with the supporting affidavit related to documents available in the case record as well as hearing of argument by the Ld. Advocate for the Complainant, it is revealed that the Complainant deposited amount of Rs. 10,500/- to the OP no. 1to3.
Here the status of the OP no.1to3 are service provider and the Complainant being a customer of the OP no.1to3, so the Complainant becomes a consumer as per Consumer Protection Act, 2019.
- The Complainant resides at of Vill. & P.O. Arbalia, P.S. Baduria, District North 24 Parganas, Pin – 743437 and the claimed amount does not exceed the pecuniary limit of this Commission. Therefore, this Commission has ample power to try this case.
We have perused the complaint with affidavit filed by the Complainant. We have perused the copy of the money receipt along with copy of the passbook which was provided by the O.P members with the supporting affidavit and other documents filed by the Complainant.
On perusal of the aforesaid materials it appears that the Complainant deposited total Rs. 10,500/- from 02.01.2012 to 28.11.2014 and the maturity amount was Rs.10,500/-. Since the O.Ps did not refund the deposited amount to the Complainant, as such there is deficiency in service on part of the O.Ps.
The discussed points bear positive results. As such we are of the view that the Complainant is entitled to receive his deposited amount with interest and he is also entitled to other relief/reliefs and that will be reflected in the ordering portion.
Thus all the points are disposed of accordingly.
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C.C. No. 226/2021
Hence, for ends of justice:
It is Ordered
That the instant case being no.CC-226/2021 be and the same is allowed against the OP No. 1 to 3 with cost of Rs 3,000/- and dismissed against O.P. No. 4.
The Complainant, Sri Samir Aratdar do get a decree on matured value of Rs.10,500/- passbook being account no. 68724200010, being Membership No. 68721200008 within 03 (three) months from the date of this judgment, failing which the Complainant do get the decree with 6% interest on the total matured value from the date of filing till realisation.
In default the Complainant is at liberty to put this decree into execution 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
Member
Member Member
