IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
Case no. CC/131/2017
Date of filing: 10-08-2017 Date of disposal: 27 -02-2018
Complainant - Ruma Bibi, W/o Selim Sk., Village – Dafarpur (Murapara), PO – Dafarpur, PS – Raghunathganj, District – Murshidabad, Pin Code – 742227, W Bengal.
VS.
Opposite Party no. 1 – Franchisee Manager, Sahara India Pariwar, Jangipur (6153), Raghunathganj
Hospital Road, Gate no. 1, PO + PS – Raghunathganj, Dist – Murshidabad,
Pin Code – 742225.
Opposite Party no. 2 - Sector Manager, Sahara India Pariwar, Swarnomayee Bazar, Station Road,
PO + PS – Berhampore, Dist – Murshidabad, Pin Code – 742101.
Opposite Party no. 3 - Region Manager, Sahara India Pariwar, Swarnomayee Bazar Stn. Road,
PO + PS – Berhampore, Dist – Murshidabad, Pin XCode – 742101.
Opposite Party no. 4 - Zonal Manager, Sahara India Pariwar, ‘Sahara Sadan’, 2A, Shakespeare Sarani,
Kolkata – 700071.
Opposite Party no. 5 – Area Manager, Sahara India Pariwar, Sefali Sadan, S. F. Road, Dist – Darjeeling,
Pin Code – 734005.
Present : Sri Manas Kumar Mukherjee- Member
Smt. Chandrima Chakraborty – Member / President – in -Charge
FINAL ORDER
Sri Manas Kumar Mukherjee, Presiding Member
This case has been filed by the complainant U/S 12 of C P Act’1986, praying for refund / payment of an amount of Rs. 3,92,052/-, which includes, amount invested, by the complainant, but matured amount, not paid, interest and compensation.
The case of the complainant, in brief, is that, the complainant, invested a total amount of Rs. 2,82,000/- only, with the OP (s), 7 times, through 7 certificates, bearing nos. 61536200008 – 10 and 61536200081 – 84, the total matured amount, being Rs. 3,12,052 only, matured on different dates.
As alleged by the complainant, in spite of repeated persuasion by the complainant, the OP (s) did not pay the matured amount to her.
The matter was referred to Lok Adalat, for settlement, but OP – 1 informed that he / it was not in a position to settle the matter, as there are other, several OP (s).
The complainant represented her husband, Selim Sk. to represent the case, on her behalf.
Hence, the case has been filed, before this Forum.
The W/V, jointly filed by the OP nos. 1 & 2, stated that they would return the matured amount, within 6 months, with effect from 08 – 01- 2018.
Although, the notice, along with a copy of the petition, were served to all of the O P (s), O P (s) 1 & 2, recorded their presence and filed W/V, jointly.
Point to be considered
- Whether the complainant is entitled to get relief, as prayed for.
Decisions with reasons
To prove the case, the complainant, has filed copies of relevant documents, along with evidence – in –chief, in support of his complaint. The OP (s) nos. 1 & 2, have also filed W/V, jointly.
Heard, complainant and OP (s) nos. 1 & 2, in full.
The complainant, informed that the OP (s) are not giving any attention, for paying back the matured amount, although the complainant, perused the matter, time and again for payment and she is not in a position to wait anymore, as the matured amount is badly required by her, for her livelihood.
The OP (s) prayed for time for payment of matured amount, due to their financial constraint.
It is observed, that withholding of payment of matured amount / nonpayment of matured amount is highly illegal, in the eye of law and should not be allowed, under any circumstances.
Hence,
ORDERED
The Consumer Complaint no. 131/2017 is allowed in part.
The OP (s) are hereby directed / ordered to release the payment / refund of matured amount of Rs. 3,12, 052/-, altogether, arising out of maturity of 7 certificates, bearing nos. 61536200008 – 61536200010 and 61536200081- 61536200084, along with simple interest of 6%, to be calculated, for the period, on and from the scheduled date of maturity of each certificate, to the actual date of releasing the payment, jointly and severally, within 30 days, from the date of receipt of this order, in default, the OP (s), will have to pay an amount of Rs. 50/-, per day’s delay and the amount, so accumulated, shall be deposited to Consumer legal Aid account.
Let a copy of this order be made available and be supplied free of cost to each of the parties, on contest, by hand, under proper acknowledgement / be sent, forthwith, under ordinary post, to the concerned parties, as per rules, for information and necessary action.
( MEMBER )(MEMBER)
