Case No.  CC/15/2022

COMPLAINANT                 :  Subrata Kumar  Paul,

   Son of Late Dhirendra Nath Paul,

   Radhanagar Goyalapara Bai Lane, P.O. Ghurni, 

   P.S. Kotwali, Dist.Nadia, Pin 741103.

             V-E-R-S-U-S

OPPOSITE PARTIES / OPs           1.The Manager, Sahara Credit Co-Operative Society

                                                            Limited (A Sister Concern of Sahara  India Parivar)

Krishnagar  Branch, Present office Address: Paninala Bhandarkhola.P.O. Ghurni, P.S. Kotwali, Dist: Nadia, Pin: 741103.

       2.   The Manager,

Sahara   Credit Co-operative Society Limited

Registered Office : Sahara India  Bhawan, 1, Kapoor Thala Complex, Aliganj, Lucknow, Pin. 226024.

                                                        3.      The Manager.

Sahara India Commercial Corporation Limited, 2A, Shakespeare Sarani, Near: Birla Planetarium, Kolkata-700071, West Bengal, India.

Ld. Advocate(s)

                        For Complainant: Patanjal Lahiri

                        For OP/OPs : None

Date of filing of the case                :16.02.2022

Date of Disposal  of the case         : 21.09.2023

Final Order / Judgment dtd. 21.09.2023

This is a case under section 35 of the Consumer Protection act 2019 filed by the aforesaid complainant against the aforesaid opposite parties praying for refund of Rs.69,760/-,  interest for the further period, compensation and litigation cost.

Complainant stated in the complaint that he deposited total sum of Rs.64,000/- before the office of OP no.1 under Sahara Y.Select scheme and one  document was  prepared by OP no.1 to that effect and handed over the same to him.

 But after maturity date complainant did not get the maturity value.

Thereafter he sent a letter to the OP no.1 but he did not get any fruitful result. Hence he lodged this complaint before this Commission praying for appropriate relief and redressal. 

After admission  of the aforesaid  complaint,  notices were  issued upon the OPs but neither the OPs nor their representative /representatives came  forward before this  Commission to  contest  this  complaint  case, hence  the instant case fixed for ex-parte hearing.

During Ex-parte hearing of this case, complainant produced some original document including the deposit certificate relating to aforesaid deposit dtds. 30.06.2017 vide no. 705001312724.

Ld. Adv. for the complainant submitted Affidavit – in – Chief which is unchallenged testimony and brief notes of argument. He also made verbal submission.

We have carefully gone through the aforesaid documents. No doubt regarding genuineness of this document appeared before us and we think that these documents may be considered.

DECISION WITH REASONS

It is the case of the complainant that on 30.06.2017 he deposited Rs. 64,000/- before the office of OP no.1 in the “Sahara .Y. Select” Scheme and after lapse of maturity date i.e 30.06.2018 he did not get the maturity value.

 During hearing Ld. Advocate for the complainant argued that in such a situation he issued a notice dtd. 20.11.2021 and on 01.01.2022 under Speed Post to the  OP no. 1  requesting  him to repay the maturity value  of the said deposit but those notice  did not  return before him within a reasonable  period  which compelled him to believe that those notices  have been properly served upon aforesaid OPs.

We also find from the document on record that OP no.1 is the representative of OP no. 2-3. We also find that complainant is the consumer under the OPs within the purview of C.P.Act 2019 and subject matter of the complaint is under the jurisdiction of this commission.

Considering the materials on record and in view of the aforesaid discussion we do not find any reason to disbelieve the aforesaid contention of the complainant. So we are of the opinion that complainant deposited the aforesaid sum before the OPs but they avoided to return the maturity value to the complainant. So it is held that OPs have jointly or severally and willfully neglected to return the maturity value of aforesaid fixed deposit amount to the complainant

So we are  of the further view that complainant  has able to establish his grievance against the OPs before this Commission which amount to deficiency  of services on the part of OPs under the purview of C.P.Act 1986.

Accordingly we are of the opinion that complainant is entitled to relief as per his prayer.

In the result petition of the complainant succeeds.

Hence, it is

ORDERED,

That the present case be and the   same is allowed ex-parte against the OPs With cost of Rs. 5,000/- to be paid by OP no. 1-3 in favour of the complainant.

That the OPs no 1-3 jointly or severally are hereby directed to refund the maturity value of the aforesaid fixed deposit amounting to Rs.69,760-/   (sixty nine   thousand  seven hundred sixty) along with further  interests @ 9 % per annum from the date of maturity of the said fixed deposits i.e from 30.06.2018  to till the actual  date of repayment to the complainant.

       OP no. 1-3 are further directed to pay compensation amounting

Rs.5,000/-  to the complainant for  his  harassment, mental pain and agony.

OP no.1-3 are further directed to pay aforesaid awarded amount within 45 days from this date of order to the complainant,  failing which complainant shall have liberty to put this order into execution.

          Let a plain copy to this final order be supplied to both the parties free of cost.

Dictated & corrected by me

 ............................................

                PRESIDENT

 (Shri   DAMAN PROSAD BISWAS,)

                                                                                                                               PRESIDENT

                                                                                                         (Shri   DAMAN PROSAD BISWAS,)

I  concur,

.............................................                                                              

            MEMBER                                                                                        

(NIROD  BARAN   ROY  CHOWDHURY  )