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

                CASE No.  CC/200/2019.

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

   24.12.2019                                15.01.2020                               20.10.2022        

Complainant: Sri Mahesh Das,

                        S/o Late Laxman Das,

                        Of Beldanga Sarulia Colony,

                        P.O.- Barua, P.S.-Beldanga,

Dist- Murshidabad,  Pin-742189

                                                -Vs-

Opposite Party:  1.Franchisee Manager,

                        Sahara India Pariwar

                        Beldanga F.C. 16126154,   

                        Station Road, Beldanga,

                        P.O. & P.S. Beldanga,

            Dist-Murshidabad

                          Pin-742133.

                         2. Sector Manager

                        Sahara India Pariwar,

                        Swarnomayee Bazar,

                        Abhudayay Sangha,

                        P.O. & P.S.- Berhampore

                        Dist- Murshidabad

                        Pin-742101

3. Regional Manager,

                        Sahara India Pariwar

                        Vivekananda Nagar,

                        Badamtala Otair of Upper Bank of India,

                        P.O.& P.S.- Madhyamgram,

                        Dist- 24 Pargana (N)

                        Kolkat-700129.

                        4. Zonal Manager

                        Sahara India Pariwar

                        Sahara India Sadan

                        2A Shakespeare Sarani,

                        Kolkata-700007

Agent/Advocate for the Complainant                        : Aditya Nath Upadhyay

Agent/Advocate for the Opposite Parties                  : Saugata Biswas

.

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

                 Sri. Subir Sinha Roy………………………………….Member.                        

                             Smt. Aloka Bandyopadhyay……………………..Member.

FINAL ORDER

   SMT. ALOKA BANDYOPADHYAY,  MEMBER.

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

One Sri Mahesh Das (here in after referred to as the Complainant) filed the case against The Franchisee Manager Sahara India Pariwar Beldanga F.C. 16126154   & Ors. (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 with Sahara Credit Cooperative Society Limited Rs. 10000/- on 05.09.2016 Vide Certificate No. 7925000495284. As per the version of the petitioner the said Certificates have been matured on 05.03.2018 and the maturity value is Rs. 11630/-.  

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 praying for an order directing the O.P.s .to pay of Rs. 11630/-  and Rs. 1,00,000/- towards harassment, physical injury and mental agony totaling of Rs. 1,11,630/-.

Defence Case

 After due service of the notice Ld. Advocate for the O.P.s put appearance but from 28.02.2020 to till date after appearance had not filed Written Version after getting ample opportunities. So, the case proceeded ex-parte against the O.P.s on 24.06.2022 vide Order No. 12.

On the basis of the complaint 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. Has the OP 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.

The complainant filed the petition of complaint on affidavit from which it is evident that he has deposited Rs. 10000/- on 05.09.2016 Vide Certificate No. 7925000495284 to the Sahara India Pariwar and as per the Xerox copy of the certificate issued by the O.P. the complainant is entitled to get back of Rs. 11630/-.

 Having gone through the pleadings of the complainant 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. 11630/-against the Account No. 61546200465 on production of the original documents along with compensation of Rs. 500/- for mental pain and agony and no litigation cost has been awarded as the case is filed through Consumer Assistant Bureau (CAB).           

Reasons for delay

The Case was filed on 24.12.2019 and admitted on 15.01.2020. 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/200/2019 be and the same is allowed ex-parte against the O.P.s.

The O.P.s are directed to pay Rs. 11630/- (Eleven thousand six hundred thirty) only on production of the original documents.

The O.P.s are further directed to pay Rs. 500/-(Five hundred) as mental pain and agony to the complainant.

All the aforesaid order must be complied within 90 days from the date of the passing of this order in default the O.P. is liable to pay interest @ of 5 % per annum to the complainant 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