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

CASE No.  CC/202/2019.

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

    24.12.2019                                                       15.01.2020                                               07.08.2024

Complainant: Sri Pintu Das

                        S/o Late Laxman Das

                        BeldangaSarulia Colony,

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

                        Dist-Murshidabad

                        Pin-742189

                        West Bengal.

-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,

                        Station Road,

                        P.O. & P.S.- Berhampore

                        Dist- Murshidabad

                        Pin-742101

                        4. Regional Manager,

                        Sahara India Pariwar,

                        Vivekananda Nagar,

                        BadamtalaOtair of Upper

                        Bank of India,

                        P.O.-Madhyamgram,

                        P.S.-Madhyamgram, Dist-24 Pargana (N)

                        Kolkata-700129

                        4. Zonal Manager

                        Sahara India Pariwar

                        Sahara India Sadan

                        2A Shakespeare Sarani

                        Kolkata-700071                      

Agent/Advocate for the Complainant                        : Adityanath Upadhyay

Agent/Advocate for the Opposite Parties                  :Saugata Biswas

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 Pintu Das(here in after referred to as the Complainant) filed the case against The Franchisee Manager Sahara India PariwarBeldanga F.C. 16126154 and 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 Rs. 19200/- with the scheme of Sahara Credit Cooperative Society Limited Vide Application No. 354000976111 and Account No. 61545600290. The said scheme was already matured and the complainant visited the O.P.s’ Office several times for getting the matured amount but all went in vain.

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

The case is running for ex-parte hearing for long period but it is a matter of regret that we find a W/V lying in the case record. As per the W/V the O.P. submits that the Complainant did not submit any documents regarding his claim and as such the O.P. is not in a position to disburse the matured value in favour of the Complainant. 

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

From the photocopy of the documents we find that the Complainant   deposited Rs. 19200/- with the scheme of Sahara Credit Cooperative Society Limited Vide Application No. 354000976111 and Account No. 61545600290. The said scheme was already matured and the complainant visited the O.P.s’ Office several times for getting the matured amount but all went in vain.

Ld. Advocate for the O.P.s has stated in his W/V that the Complainant did not submit any documents regarding his claim and as such the O.P. is not in a position to disburse the matured value in favour of the Complainant. 

Considering the facts and circumstances of the case and the documents filed by the Complainant we are of the view that the Complainant has able to prove his case regarding the investment. As the O.P.s had not returned the due amount to the complainant on demand, here lies the deficiency on the part of the O.P.s So, the Complainant should get the matured amount as per terms and conditions of the certificate issued by the O.P.s on production of the original documents.  

Reasons for delay

The Case was filed on 24.12.19 and admitted on 25.01.2020. 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/202/2019 be and the same is allowedaccordingly against the O.P.s but under the circumstances without any order as to costs.

The O.P.s are directed to pay the matured amount on the basis of the documents mentioned in the body of the judgment along with interest as per the terms and conditions of the said scheme 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.