West Bengal

North 24 Parganas

CC/309/2019

Anita Saha,W/o Swapan Saha - Complainant(s)

Versus

The Director Sahara Q Shop Unique Products Range Limited - Opp.Party(s)

Avijit Gope

15 Jun 2022

ORDER

DCDRF North 24 Paraganas Barasat
Kolkata-700126.
 
Complaint Case No. CC/309/2019
( Date of Filing : 01 Oct 2019 )
 
1. Anita Saha,W/o Swapan Saha
vill-Brahmamayi palli Fulsar,P.O.-Chandanpara Bazar,P.S.-Gaighata,Pin-743245
...........Complainant(s)
Versus
1. The Director Sahara Q Shop Unique Products Range Limited
Sahara India Bhawan,1,kapoorthala Complex,P.O. and P.S.-Aliganj,Lucknow-226024
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Debasish Mukhopadhay PRESIDENT
 HON'BLE MS. Ms. Monisha Shaw MEMBER
 
PRESENT:
 
Dated : 15 Jun 2022
Final Order / Judgement

 

 

 

DISTRICT CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 309/2019

 

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

 01.10.2019                             24.10.2019                              15.06.2022

Complainant/s:-       

 Smt. Anita Saha, W/o. Swapan Saha, D/o. Upendra Nath Saha,

Vill-Brahmamayi  Palli, Fulsar, P.O. Chandpara Bazar, P.S. Gaighata, Dist- North 24  Parganas, Pin-743245.

 

                   = Vs =

 

Opposite Party/s:-

1. The Director, Sahara Q Shop Uniqu Products Range Ltd, having its regd. office at Sahara India Bhawan, 1, Kapoorthala Complex, P.O. and P.S. Aliganj, Lucknow-226024.   

2.The Branch Manager, its Sector Office at New Ashirbad Bhavan, Joygachhi, Jessore Road, Vill, 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 he invested an amout of Rs. 7,000/- to Sahara Q Shop Unique scheme and to that effect  O.P. No.2 issued certificate Nos.562009600738 being customer I.D. No.816322007362 dated 11.06.2012. Even after the maturity of the said certificate 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 certificate 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. 309/2019

:: 2 ::

 

 

                                                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 certificate 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 certificate No.562009600738 being customer I.D. No.816322007362 dated 11.06.2012, upon production of the original pass book 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                                                                                                                                                                                                                                                            President                  

                                                                                                                   Member

 
 
[HON'BLE MR. JUSTICE Debasish Mukhopadhay]
PRESIDENT
 
 
[HON'BLE MS. Ms. Monisha Shaw]
MEMBER
 

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