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

                              CASE No.CC/172/2018  

 Date of Filing:            16.11.18                                    Date of Final Order: 27.08.19

 Complainant:  Ajijul SK

                        S/o late Muktarul

                        Vill-Chhotkalai

                        PO-Jangipur

                        PS-Raghunathganj

                        Dist-Murshidabad

                        Pin-742213

-Vs-

Opposite Party:  1.Franchisee Manager,

  Sahara India Pariwar, Jangipur (6153)

  Hospital Road, Gate No. 1,

  PO And PS Raghunathganj,

  Dist Murshidabad, Pin 742225.

   2. Sector Manager,

Sahara India Pariwar

Swarnomoyee Bazar, Station Road,

PS & PO-Berhampore, Pin- 742101.

  3. Zonal Manager,

Sahara India Pariwar,

Saraha India Sadan

2A Shakespeare Sarani,

Kolkata- 700071.

  4. Area Manager,

Sahara India Pariwar

Sefali Sadhan S.F. Road,

 PO- Siliguri, Dist-Darjeeling

Pin- 734005

Agent for the Complainant                             : Md. Mazanoor Rahaman.

Agent/Advocate for the Opposite Party         : Sri. Saugata Biswas.

                       Present:   Sri Asish  Kumar Senapati………………….......President.                              

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

                                                FINAL ORDER

 Smt. Aloka Bandyopadhyay,Member.

             One Tanjera Bibi (here in after referred to as the Complainant) filed the case against The Franchisee Manager, Sahara India Pariwar and others (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.27,200/- on 01.09.12, Rs.27,200/- and Rs.24,350/- on 06.09.12, Rs. 27,200/- on 07.09.12, Rs. 27,200/- on 08.09.12, Rs.27,200/- on 10.09.12, Rs.25,000/-, Rs.20,000/- and Rs.20,000/- on 01.12.16, Rs. to the OP, Sahara India Pariwar. As per the petition of complaint, the Complainant is entitled to Rs.63,920/- against the account No.861532002463, Rs. 63,920/- against account No. 86153202599, Rs. 57,222/- against the account No. 861532002597, Rs. 63,920/- against the account No. 861532002626, Rs. 63,920/- against the account No. 861532002648, Rs. 63,920/- against the account No. 861532002738, Rs. 23,260/- against the account No. 61536700078, Rs.23,260/- against the account NO. 61536700079 and Rs. 29,075/- against the account No. 64536700080.  He has paid total Rs.2,25,350/- on condition that after six years he will get back total amount of Rs. 4,97,417/-. After 06.10.18, the Complainant earnestly requested the OPs to take step for refund of the said respective deposited amount with interest.

            The Complainant visited the Branch Office several times and requested the OPs to refund the same for time and again. But all went in vain. Finding no other alternative the Complainant filed the instant case before this Forum for appropriate relief.

            OPs are contesting the case by filing W/V 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. They also stated that a case is pending before the Hon’ble Supreme Court of India in which all the proceeding of the OP Company has been stayed by the order of the Apex Court and as such they prayed for dismissal of the case.

            On the basis of the above version the following points are framed for proper adjudication of the case :

Points for consideration

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

2. Has the OPs any deficiency in service, as alleged?

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

Point Nos. 1,2 & 3

All the points taken up for consideration for the sake of convenience and brevity. 

Undoubtedly, the Complainant deposited Rs.27,200/- on 01.09.12, Rs.27,200/- and Rs.24,350/- on 06.09.12, Rs. 27,200/- on 07.09.12, Rs. 27,200/- on 08.09.12, Rs.27,200/- on 10.09.12, Rs.25,000/-, Rs.20,000/- and Rs.20,000/- on 01.12.16, Rs. to the OP, Sahara India Pariwar.

As per the petition of complaint, the Complainant is entitled to Rs.63,920/- against the account No.861532002463, Rs. 63,920/- against account No. 86153202599, Rs. 57,222/- against the account No. 861532002597, Rs. 63,920/- against the account No. 861532002626, Rs. 63,920/- against the account No. 861532002648, Rs. 63,920/- against the account No. 861532002738, Rs. 23,260/- against the account No. 61536700078, Rs.23,260/- against the account No. 61536700079 and Rs. 29,075/- against the account No. 64536700080.

Ld. Advocate for the OP has stated that a case is pending before the Hon’ble Supreme Court of India.  But the OPs have not produced any documents in this regard.

Having gone through the pleadings of the parties and taking into consideration the arguments put towards and documents filed by the Complainant. We are of the opinion that the Complainant is entitled to get back Rs.63,920/- against the account No.861532002463, Rs. 63,920/- against account No. 86153202599, Rs. 57,222/- against the account No. 861532002597, Rs. 63,920/- against the account No. 861532002626, Rs. 63,920/- against the account No. 861532002648, Rs. 63,920/- against the account No. 861532002738, Rs. 23,260/- against the account No. 61536700078, Rs.23,260/- against the account No. 61536700079 and Rs. 29,075/- against the account No. 64536700080 along with compensation of Rs.1,000/- for mental pain and agony and litigation cost of Rs.1,000/-.

Reasons for delay

The Case was filed on 16.11.18  and admitted on 26.11.18 . This Forum 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 order.

In the result, the Consumer case succeeds.

Fees paid are correct. Hence, it is

                                Ordered

that the complaint Case No.CC/172/2018 be and the same is hereby allowed on contest with litigation cost of Rs.1,000/- against the OPs.

The OPs are directed to pay Rs.63,920/- against the account No.861532002463, Rs. 63,920/- against account No. 86153202599, Rs. 57,222/- against the account No. 861532002597, Rs. 63,920/- against the account No. 861532002626, Rs. 63,920/- against the account No. 861532002648, Rs. 63,920/- against the account No. 861532002738, Rs. 23,260/- against the account No. 61536700078, Rs.23,260/- against the account No. 61536700079 and Rs. 29,075/- against the account No. 64536700080 on production of the original documents.

             The O.Ps are directed to pay a litigation  cost of Rs 1000/-.                                                            The OPs are further directed to pay Rs.1,000/- as mental pain and agony to the Complainant.

              The aforesaid order must be complied within 60 days from the date of this order otherwise it shall carry the interest @ 5% 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.

            Member.

 Member                                                                                       President.