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

CASE No.  CC/58/2021

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

18.08.2021                             08.09.2021                                   06.06.2024

Complainant:Bijoy Kumar Goswami,

                        S/o SantiramGoswami,

                        Vill– Dunigram,

             P.O.-Atai,

                        PS-Khargram,

                        Dist-Murshidabad

                        Pin-742159

                        West Bengal.

-Vs-

Opposite Party:1.Franchisee Manager/ Sector Manager,

                        Sahara India Nagar (near Post Office),

                        Vill- Nagar, P.O.- Nagar,

                        P.S.-Khargram, Distrct- Murshidabad,

                        Pin-742159

                        2. Zonal Manager

                        Sahara India Pariwar

                        Sahara India Sadan

                        2A Shakespeare Sarani

                        Kolkata-700071

Agent/Advocate for the Complainant                        : Srabani Das

Agent/Advocate for the Opposite Parties                  :SaugataBiswas.

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

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

FINAL ORDER

Sri.ajaykumar das, presiding member.

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

One Bijoy Kumar Goswami(here in after referred to as the Complainant) filed the case against The Franchisee/Sector Manager Sahara India Nagar (near Post Office)&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 deposited Rs. 13000/- on 29.08.2016 with Humara India Credit Cooperative Society Limited Vide Certificate No. 555000368249. The said Certificate matured on 28.02.2019 and the maturity value is 18621/-.

The complainant visited the Branch Office several times and requested the O.P.s to refund the same for time and again. But all went in vain.

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 OPs 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 deposited Rs. 13000/- on 29.08.2016 with Humara India Credit Cooperative Society Limited Vide Certificate No. 555000368249. The said Certificate matured on 28.02.2019 and the maturity value is 18621/-.

The complainant visited the Branch Office several times and requested the O.P.s to refund the same for time and again. But all went in vain.

Ld. Advocate for the O.P. has stated in his W/V 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.

Having gone through the pleadings of the parties and taking into consideration documents filed by the complainant, we are of the opinion that the complainant is entailed to get back Rs. 18621/- Vide Certificate No. 555000368249 along with compensation of Rs. 1000/- for mental pain and agony.                             

Reasons for delay

The Case was filed on 18.08.21 and admitted on 08.09.21. 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/58/2021be and the same is allowed on contest against the O.P.s.but under the circumstances without any order as to costs.

The O.P.s are directed to pay Rs. 18621/- (Eighteen thousand six hundred twenty one) and Rs. 1000/- (one thousand) for mental pain and agony totaling Rs. 19621/-(Nineteen thousand six hundred twenty one) to the Complainant on production of the original documents.

The aforesaid order must be complied with within 60 days from the date of this order otherwise itshall carry interest at the rate of 5 per cent per annum from the date of this order till compliance.

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.