DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 21/2022

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

            02.02.2022                              11.02.2022                              13.10.2022

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

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

JUDGMENT

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, (Tarak Chandra Sarkar) deposited in Sahara Q Shop East Scheme and he deposited a sum of Rs. 25,000/- to Sahara Q Shop East scheme and to that effect the O.P. No. 2 issued a Certificate being No.893000072413, Receipts No.573000055414, being customer Id No 870083000051 dated 10/06/2013 (as per Complainant’s version). The Complainant went to the Sector Office located at Vill. + P.O. + P.S.  Matia, North 24 Parganas, Pin – 743437 and requested to the OP No.2 to refund the matured amount which was deposited by the Complainant, as early as possible but the OP No.2 refused to pay the amount in question unless or until the maturity date is over.  

The Complainant further stated that he went repeatedly to the Office of the OP No.2 but the OP No.2 neglected to pay her attention. After sometimes the Complainant sent a legal notice on 09.12.2021 to the OP Nos. 1 to 3 once again requesting to disburse entire matured amount in respect of their fixed deposit mentioned in the schedule below but inspite of receiving the said notice the OPs did not bother to reply and comply the same.

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

: :  2  : :

    C.C. No. 21/2022

Having no other alternative, the Complainant lodged this case on 02.02.2022. It is evident from the record that the OP Nos.1 to 3 had received the notices on 13.12.2021 and 10.12.2021.

From the record it appears that on 13.04.2022, OP No 4 filed W/V by way of speed post then after ops did not move or appeared before this Commission. In the W/V the O.P. members denied partly and agreed partly.

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.

Prayer of the Complainants:-

1. The OP Nos. 1 to 3 jointly or severally be directed to pay the matured value of the certificate being no a Certificate being No. being No.893000072413, Receipts No.573000055414, being customer Id No. 870083000051 dated 10/06/2013 with interest.
2. The OPs are directed to pay the total amount on the different heads along with compensation.
3. The OPs are directed to pay Rs. 1,00,000/- towards mental agony, pain and unnecessary harassment and litigation cost of Rs. 10,000/-.
4. 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:-

1. Whether the complaint is maintainable or not?

2. 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.

Contd. To Page No. 3 . . . ./-

: :  3  : :

C.C. No. 21/2022

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.25,000/- to the OPs. Here the status of the OPs is service provider and the Complainant being a customer of the OPs so the Complainant becomes a consumer as per Consumer Protection Act, 2019. The Complainant resides at Vill. Arbalia, Colony Para, P.O. Arbalia, P.S. Baduria, District North 24 Parganas, Pin – 743437 of and the OP No.2 is situated within the District of North 24 Parganas 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 on affidavit filed by the Complainant. We have perused the copy of the money receipt along with copy of the certificate 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 paid Rs. 25,000/- on 10/06/2013. Since the O.Ps did not refund the maturity 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 her deposited amount with interest and she is also entitled to other relief/reliefs and that will be reflected in the ordering portion.

Thus all the points are disposed of accordingly.

Hence, for ends of justice:

It is

Ordered

That the case being no.CC-21/2022 be and the same is allowed on contest   against the O.P. Nos. 1 to 3 and dismissed against O.P. No. 4.

The Complainant Tarak Chandra Sarkar do get a decree of his deposited amount of Rs. 25,000/- Certificate being No.893000072413, Receipts No.573000055414, being customer Id No 870083000051 dated 10/06/2013 matured amount with 5% interest from the deposition date of the said amount from the O.P. No.1 to 3 within 02 (two) months from the delivery of judgment failing which the Complainant do get maturity amount with another 6% interest thereon from the date of filing of this case till payment.

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 as per the CPR, 2005.

Dictated & Corrected by

        Member

       Member                                                                         Member