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

CASE No.  CC/32/2020

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

  25.02.2020                                        02.03.2020                         08.07.2024

Complainant:Abu Taher,

                        S/o MotiulHaque,

                        Vill– Dolua,

            P.O.-Dolua,

                        PS-Beldanga,

                        Dist-Murshidabad

                        Pin-742133

                        West Bengal.

-Vs-

Opposite Party:1.Franchisee Manager,

                        Sahara India Pariwar,

                        Station Road,

                        P.O. &P.S.-Beldanga, Distrct- Murshidabad,

                        Pin-742133

                        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 Abu Taher(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. 36280/- with the Scheme Sahara Super Vide Account No. 61545101399. The said scheme was already maturedand 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  depositedRs. 36280/- with the Scheme Sahara Super Vide Account No. 61545101399. The said scheme was already matured and 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.s 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 documents filed by the complainant, we are of the opinion that the complainant is entitled to get back Rs. 36280/-  along with interest  as per the terms and conditions of the schemes.                            

Reasons for delay

The Case was filed on 25.02.2020 and admitted on 02.03.2020. 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/32/2020 be 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. 36280/- (Thirty six thousand two hundred eighty)along with interest as per the terms and conditions of the scheme 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 @ 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.