Sri Ashok Ghosh, S/O- Hridayratan Ghosh vs The Director, Humara India Credit Co-operative Society Limited

Daily Order DCDRF North 24 Paraganas Barasat Kolkata-700126.

Complaint Case No.

CC/22/2022 Sri Ashok Ghosh, S/O- Hridayratan Ghosh Vs.

The Director, Humara India Credit Co-operative Society Limited and Others BEFORE: HON'BLE MR.

Sri Abhijit Basu PRESIDING MEMBER HON'BLE MS.

Ms.

Monisha Shaw MEMBER PRESENT: Dated : 13 Oct 2022 Order DIST.

CONSUMER DISPUTES REDRESAL COMMISSION NORTH 24 Pgs., BARASAT.

C.C.

No.

22/2022 Date of Filing: Date of Admission: Date of Disposal: 02.02.2022 11.02.2022 13.10.2022 Complainant/s:- SRI ASHOK GHOSH, S/o Hridayratan Ghosh, of Vill. & P.O.

Taragunia, P.S.

Baduria, District North 24 Parganas, Pin – 743401. = Vs = Opposite Party/s:- THE DIRECTOR, HUMARA INDIA CREDIT CO-OPERATIVE SOCIETY LIMITED, having its registered office at Mangal Jyoti, 101, 227/2, P.O. + P.S.

A.J.C.

Bose Road, Kolkata – 700020.

THE BRANCH MANAGER, HUMARA INDIA CREDIT CO-OPERATIVE SOCIETY LIMITED, Having its Sector Office at Vill. & P.O. + P.S.

Baduria, North 24 Parganas, Pin – 743401 (1st Floor of Electric Office) THE REGIONAL MANAGER, HUMARA INDIA CREDIT CO-OPERATIVE SOCIETY LIMITED, at Badamtala, Madhyamgram, P.O. & P.S.

Madhyamgram, Kolkata – 700129, District North 24 Parganas.

THE REGIONAL DIRECTOR, SEBI, L & T Chambers, 3rd Floor, 16 Camac Street, P.O. & P.S.

Shakespeare Sarani, Kolkata – 700017.

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, (Sri Ashok Ghosh) deposited in Golden 24 fixed deposit Scheme for 24 months and he deposited a sum of Rs.

35,000/- to Sahara Q Shop Plan-H scheme and to that effect the O.P.

2 issued a Certificate being No. being No.438000272501, Account No.

68727400419, being Membership No.

668728000215 dated 22/09/2018 (as per Complainant’s version).

The Complainant went to the Sector Office located at Vill. & P.O. + P.S.

Baduria, North 24 Parganas, Pin – 743401 (1st Floor of Electric Office) 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 his attention.

After sometimes the Complainant sent a legal notice on 21.12.2020 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.

22/2022 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.

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. e O.P.

4 / SEBI and therefore the case is liable to be dismissed as against O.P.

4.

Prayer of the Complainants:- 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.

438000272501, Account No.

668728000215 dated 22/09/2018 with interest.

The OPs are directed to pay the total amount on the different heads along with compensation.

The OPs are 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.

3 . . . ./- : : 3 : : C.C.

22/2022 Advocate for the Complainant, it is revealed that the Complainant deposited amount of Rs.

35,000/- 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. & P.O.

Baduria, District North 24 Parganas, Pin – 743401 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. 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.

35,000/- on 22/09/2018.

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-22/2022 be and the same is allowed on contest against the O.P.

1 to 3 and dismissed against O.P.

The Complainant Sri Ashok Ghosh do get a decree of his deposited amount Certificate being No.

668728000215 dated 22/09/2018 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 i.e Rs.

43904/- 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 [HON'BLE MR.

Sri Abhijit Basu] PRESIDING MEMBER [HON'BLE MS.

Monisha Shaw] MEMBER