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

                CASE No.  CC/111/2019.

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

   07.08.19                                    19.08.19                                    04.07.22

Complainant: Partha Singha

                        S/o Late Girindra Prasad Singha

                        Vill + P.O.- Debipur,

                        PS-Jiaganj

                        Dist-Murshidabad

                        Pin-742123

                        West Bengal.

-Vs-

Opposite Party:  1.Franchisee Manager,

                        Sahara India Pariwar

                        Jiaganj (4120)

                        High School Para, Jiaganj

                        P.O. & P.S.- Jiaganj

             Dist-Murshidabad

                        Pin-742123

                         2. Sector Manager

                        Sahara India Pariwar,

                        Swarnomayee Bazar,

                        Station Road,

                        P.O. & P.S.- Berhampore

                        Dist- Murshidabad

                        Pin-742101

                        3. Zonal Manager

                        Sahara India Pariwar

                        Sahara India Sadan

                        2A Shakespeare Sarani

                        Kolkata-700071

Agent/Advocate for the Complainant                        : None.

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

   Sri.Ajay Kumar Das, Presiding Member.

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

One Partha Singha (here in after referred to as the Complainant) filed the case against The Franchisee Manager Sahara India Pariwar Jiaganj (4120) & 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. 15050/- on 14.07.2017 with Sahara Credit Cooperative Society Limited Vide Application No. 651142638456 and Certificate No. 317000121901. The said Loyalty Certificate matured on 12.01.2018 and the maturity value is 17085/-.

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 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 proceedings of the O.P. company have been stayed by the order of the Apex Court 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. 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.

Undoubtedly the complainant deposited Rs.16050/- on 14.07.2017 with the O.P. Sahara India Pariwar. As per the petition of compliant, the complainant is entitled to Rs. 17085/- against the Account No. 16104201596.

Ld. Advocate for the O.P. has stated that a case is pending before the Hon’ble Supreme Court. But the O.P.s have not produced any documents in this regard. Having gone through the pleadings of the parties 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. 17085/-against the Account No. 16104201596 along with compensation of Rs. 1000/- for mental pain and agony and litigation cost of Rs. 1000/-.                                             

Reasons for delay

The Case was filed on 07.08.19 and admitted on 19.08.19. 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/111/2019 be and the same allowed on contest with litigation cost of Rs. 1000/- ( One thousand) against the O.P.s.

The O.P.s are directed to pay Rs. 17085/- ( Seventy thousand eighty five) on production of the original documents.

The O.P.s are directed to pay the litigation cost of Rs. 1000/-(One thousand) as mental pain and agony to the complainant.

The aforesaid order must be complied with within 60 days from the date of this order otherwise it shall 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