IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/105/2019
Date of Filing: Date of Admission: Date of Disposal:
02.08.2019 09.08.2019 03.01.2023
Complainant: Manashi Mukherjee
W/o- Late Paresh Nath Mukherjee
Vill- Balighata
P.O. & P.S.- Raghunathganj
Dist- Murhsidabad
Pin-742225
-Vs-
Opposite Party1.Franchisee Manager,
Sahara India Pariwar
Jangipur (6153),
Raghunathganj Hospital Road,
Gate No. 1,
P.O. & P.S. Raghunathganj,
Dist-Murshidabad
Pin-742225.
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 : (1) Sampa Roy
(2) Shyamal Ghosh
(3) Ankit Mukherjee
Agent/Advocate for the Opposite Parties : Saugata Biswas
Present: Sri Ajay Kumar Das…………………………..........President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
SMT. ALOKA BANDYOPADHYAY, MEMBER
This is a complaint under section 12 of the CP Act, 1986.
One Manashi Mukherjee (here in after referred to as the Complainant) filed the case against Franchise Manager, Sahara India Pariwar, Jangipur (6153) & Ors. (here in after referred to as the OP) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant filed the instant petition stating that she had invested Rs. 204200/-, Rs. 102100/- and Rs. 204200/- to the O.P. and O.P. accordingly issued Certificate being No. 562008264128, 562008264129 and 562008264130 dated-10.08.2012 respectively. The O.P. undertook to pay interest of the invested amount as per the terms and conditions of the plan under “ Q Shop Plan- H” [“Plan-H”]. As per petition of the Complaint the aforesaid amounts were matured on 10.08.2018. But, in spite of proper investment the Opposite Party had denied to pay the matured amount. The Complainant several times approached the Opposite Party but failed.
Finding no other alternative the complainant filed the instant case before the District Commission praying for an order directing the Opposite Party to pay Rs. 1,19,675/- maturity amount along with interest and Rs. 60,000/- towards harassment and mental agony to the complainant along with litigation cost.
Defence Case
After due service of the notices O.P.s appeared by filing W/V contending inter alia that the case is not maintainable as it is not true that the recurring term was over on 10.08.2018 and the Complainant never submitted any documents to the O.P. which are necessary for liquidation of matured amount. So, the petition is liable to be dismissed against the O.P.s.
Points for decision
1. Is the Complainant a consumer under the provision of the CP Act, 1986?
2. Have the OPs any deficiency in service, as alleged?
3. Is the Complainant entitled to get any relief, as prayed for?
Decision with Reasons:
Point no.1
We peruse the complaint. The averments made in the complaint indicate that the Complainant is a consumer under the Consumer Protection Act, 1986 as well as Consumer Protection Act, 2019.
Point Nos. 2 & 3
Both these points are taken up together for the sake of convenience and brevity of discussion.
It is the case of the Complainant that she filed the instant petition stating that she had invested Rs. 204200/-, Rs. 102100/- and Rs. 204200/- respectively to the O.P. and O.P. accordingly issued three number of Certificates bearing No. 562008264128, 562008264129 and 562008264130 dated-10.08.2012. In spite of proper investment the Opposite Parties had denied to pay the matured amount. The Complainant several times approached the Opposite Parties but failed.
The point to be noted is that the Complainant filed the evidence on affidavit. In support of her contentions made in the complaint, the Complainant has filed photocopies of the Certificates bearing Nos. 562008264128, 562008264129 and 562008264130 dated-10.08.2012 and produces the original certificates. It is evident from said Certificates that the Complainant had invested said amount ‘under “Q Shop Plan-H” ( “PLAN-H”) for the period as per terms and conditions of the plan. Total Accumulated LBP Benefit will be 2.13/2.26/2.35/3.84/3.97/4.06 times of Global Advance and it is based on certain/specific consumption pattern of “Q Shop Plan-H” Goods and or Hospitality Products.’
The Ld. Advocate of the O.P.s stated in the W/V that the Hon’ble Supreme Court in contempt petitioner © No. 412 of 2012 in Civil Appeal No. 9813/2011 with contempt petition (Civil) No. 413 of 2012 in C/A No. 9833/2011 (SEBI us Sahara India Real Estate Company Ltd & others) passed on 21.11.2013 wherein following order has been passed:-
“ We are Convinced that the order dated 28.10.2013 passed by this Court has not been complied with in its letter and spirit in such circumstance, we direct that the Sahara Group of Companies shall not…. with any movable and immovable properties until further orders”.
Considering the facts and circumstances of the case and the documents filed by the Complainant and the argument advanced by the Ld. Counsel of both the parties we are of the view that the Complainant has able to prove her case regarding the investment but what would be the total accumulated LBP Benefit is not clear to us. As the O.P.s had not returned the due amount to the complainant on demand and 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
Reasons for delay
The Case was filed on 02.08.2019 and admitted on 09.08.2019. 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/105/2019 be and the same is allowed on contest against the O.P.s but under the circumstances without any order as to costs.
The O.P.s are directed to pay the principal amount of Rs. 204200/-, Rs. 102100/- and Rs. 204200/- along with the interest payable as per the terms and conditions of the Certificate issued by them on production of the original documents.
The aforesaid order must be complied with within 120 days from the date of passing of this order. If the aforesaid order is not complied with within the stipulated period it will carry an interest @ of 5 per cent per annum from the date of the passing of this order.
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.
