IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.

                CASE No.  CC/09/2022

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

   03.02.2022                               17.02.2022                                 04.03.2024    

Complainant: Shajahan Ahamed, S/o- Rafiqueuddin

                        Vill- Talbaganpara,

                        P.O.- Chaltia, P.S.- Berhampore,

                        Dist-Murshidabad, West Bengal,

                        Pin-742165                 

-Vs-

Opposite Party:  1.The Branch Manager,

                        Sahara Credit Cooperative Society Limited,

                        Office- Swarnamoyee Bazar, Abbdhuday,

                        P.O. & P.S.- Berhampore,

            Dist-Murshidabad

                        Pin-732101

                         2. The Managing Director,

                        Sahara Credit Cooperative Society Limited,

                        Office- Sahara India Bhawan,

                        1, Kapoorthala Complex, Aliganj,

                        P.O. & P.S.- Lucknow-226024

Agent/Advocate for the Complainant                        : Khairul Alam

Agent/Advocate for the Opposite Parties                  : Saugata Biswas.

Present:   Sri Ajay Kumar Das…………………………..........President.     

   Sri. Nityananda Roy…………………………………….Member.

FINAL ORDER

   Sri.ajay kumar das, presiding member.

   This is a complaint under section 12 of the CP Act, 1986.

One Shajahan Ahamed (here in after referred to as the Complainant) filed the case against The Branch Manager, Sahara Credit Cooperative Society Limited & Anr. (here in after referred to as the OPs) praying for compensation alleging deficiency in service.

 The sum and substance of the complaint case is as follows:-

The Complainant  opened an account under Sahara Credit Cooperative Society Limited for a period of 5 years being A/C No. 16107201848. After opening the account the Complainant continues to deposit money in his account per day of Rs. 100/- i.e. per month of Rs. 3000/- through the agent Barnali Chakraborty and the Complainant completed in all 60 installments during the period of 5 years in this period he deposit of Rs. 1,80,000/- in his account. After completion of the stipulated period when the Complainant  went to the office to withdraw the said money the branch manager said to the Complainant that his money has matured and he got the total money of Rs. 226008/- with interest. Moreover, the manager stated to the Complainant to do fixed deposit with the same amount for the period of 18 months for more profit and as per the instruction of the manager the Complainant did the same. The Manager also gave a certificate of the said Fixed Deposit. Thereafter, the time of Fixed Deposit has expired then the Complainant went to the Office to withdraw the said amount but the manager said that the money has not come from the head office that is why the Complainant was communicated another time. When the Complainant went to the office of the Manger, his associates refused to give the money again and again which is payable to the Complainant.

Finding no other alternative the complainant filed the instant case before the District Commission for appropriate relief.

Defence Case

O.P.s are contesting this case by filing written version wherein all material allegations have been denied by them and they asserted that no documents had been filed by the complainant in respect of his claim in spite of repeated demands and as such they prayed for dismissal of the case.

On the basis of the complaint and written version the following points are framed for proper adjudication of the case:

Points for decision

1. Is the Complainant a consumer under the provision of the CP Act, 1986?

2. Have the O.P.s any deficiency in service, as alleged?

3. Is the Complainant entitled to get any relief, as prayed for?

Decision with Reasons:

Point no.1, 2 & 3

All the points are taken up together for the sake of convenience and brevity of discussion.

Undoubtedly the Complainant opened an account under Sahara Credit Cooperative Society Limited for a period of 5 years being A/C No. 16107201848. After opening the account the Complainant continues to deposit money in his account per day of Rs. 100/- i.e. per month of Rs. 3000/- through the agent Barnali Chakraborty and the Complainant completed in all 60 installments during the period of 5 years, and during this period he deposit of Rs. 1,80,000/- in his account. After completion of the stipulated period the Complainant went to the office to withdraw the said money but the branch manager said to the Complainant that his money has matured and he got the total money of Rs. 226008/- with interest. Moreover, the manager stated to the Complainant to do fixed deposit with the same amount for the period of 18 months for more profit and as per the instruction of the manager the Complainant did the same. The Manager also gave a certificate of the said Fixed Deposit. Thereafter, the time of Fixed Deposit has expired and the Complainant went to the Office to withdraw the said amount but the manager said that the money had not come from the head office that is why the Complainant was communicated another time.

Ld. Advocate for the O.P. has stated that the Complainant has not produced any documents in this regard. Having gone through the pleadings of the parties and taking into consideration the arguments put forward and documents filed by the complainant, we are of the opinion that the complainant is entailed to get back Rs. 226008/- against the Account No. 16107201848 along with compensation of Rs. 50000/- for mental pain and agony.

Reasons for delay

The Case was filed on 03.02.2022 and admitted on 17.02.2022. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.

In the result, the Consumer case is allowed.

 Fees paid are correct. Hence, it is                                                            

Ordered

that the complaint Case No. CC/09/2022 be and the same is allowed on contest against the O.P.s. but without any order as to costs.

The O.P.s are directed to pay Rs. 226008/- ( two lakh twenty six thousand and eight only ) to the Complainant on production of the original documents.

The O.P.s are also directed to pay Rs. 50000/-(fifty thousand only) as mental pain and agony to the complainant.

The aforesaid order must be complied with within 60 days from the date of this order otherwise it shall carry interest at the rate of 9 per cent per annum from the date of this order till realization.

Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in

Dictated & corrected by me.

President

 Member                                                                                                     President.