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

                              CASE No.CC/173/2018  

 Date of Filing: 27.11.18                                    Date of Final Order: 28.03.19

Complainant:  Najibul Shaikh

                        S/o Samjad Shaikh

                        Vill-Dafarpur

                        PO-Dafarpur

                        PS-Raghunathganj

                        Dist-Murshidabad

                        Pin-742227.

-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. Section 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,

Pin- 734005

Agent for the Complainant                             : In person.

Agent/Advocate for the Opposite Party         : None.

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

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

FINAL ORDER

 Smt. Aloka Bandyopadhyay,Member.

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

            One Najibul Shaikh (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.21,850/- each time to the OP, Sahara India Pariwar on  three occations dated 02.06.12, 04.06.12 and 06.06.12. He has paid total Rs.65,550/- on condition that after six years he will get back Rs.42,654/- in each occasion. After 02.06.18, the Complainant earnestly requested the OPs to take step for refund of the said respective deposited amount Rs.65,550/- along with matured amount.

            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.

            After due service of notice OPs did not  turn up to contest the case. So the case proceeded ex-parte against them.

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 paid Rs.21,850/- in three occasions each on 02.06.12, 04.06.12 and 06.06.12  (vide documents filed by the complainant). And the OP issued due receipt. So, the Complainant became a consumer under the OPs and so the OPs  cannot deny  their responsibility to pay the deposited amount with interest as per their terms and conditions.

Having gone through the pleading of the party  and taking into consideration the arguments put towards by the Complainant and considering the documents produced before us we are of the view that there is deficiency of services on the part  of the O.Ps by not returning the matured value of the amount deposited by the complainant before them . We are of the opinion that the Complainant is entitled to get relief as prayed for.

Reasons for delay

The Case was filed on 16.11.18 and admitted on 27.11.18. 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/173/2018 be and the same is hereby allowed ex-parte with litigation cost of Rs.2,000/- against the OPs.

            The OPs are directed to pay the full redemption value on production of the original certificates.

            The OPs are further directed to pay litigation cost of Rs.2,000/- and compensation of  Rs. 2,000/- for mental agony and harassment.

             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.