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

CASE No.CC/166/2018  

 Date of Filing:            31.10.18                                    Date of Final Order:  16.07.19

Complainant:  Selim Shaikh

S/o Abdur Rabbar

Vill&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. 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,

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 Selim 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.5,050/- Rs. 1,50,000/-, Rs.21,250/-, Rs.34,000/- dated  06/06/2012,31/07/12,09/10/12,12/10/12 to the OP, Sahara India Pariwar on money back offer and the O.P issued certificate in this regard. The date of maturity of the above certificates was after 6 years from the date of issuance of the certificate along with other benefits. And the maturity amount was Rs. 11,889/- dated 06.06.2018, Rs. 3,53,152/- dated 03.07.2018, Rs.50,030/- dated 09.10.2018, Rs. 80,048/- dated 12.10.2018 against the above fixed deposit. After 06.06.18, the Complainant earnestly requested the OPs to take step for refund of the said respective matured amount considering the certificate issued by them and the Complainant visited the Branch Office several times for refund of the same. But all went in vain. Finding no other alternative the Complainant filed the instant case before this Forum for appropriate relief.

            OPs after service of the notice did not turn up to controvert the plea of the Complainant so the case preceded 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. Is the Complainant entitled to get any relief, as prayed for?

Point Nos. 1 & 2

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

Undoubtedly, the Complainant deposited Rs.5,050/- Rs. 1,50,000/-, Rs.21,250/-, Rs.34,000/- dated  06/06/2012,31/07/12,09/10/12,12/10/12 to the OP, Sahara India Pariwar  for money back offer and the O.P issued certificate in this regard (vide Annexure- 1-4).

It is true that the Complainant deposited total amount of Rs.2,10,300/- on different dates and the OP issued certificates in this respect considering the deposited amounts. So the O.Ps cannot deny the responsibility to pay the deposited the amount to the complainant as per their agreed condition mentioned in the certificate issued by them. By depositing the amount to the OP, the Complainant becomes consumer.

Having gone through the pleadings of the party and documents filed before us and taking into consideration the arguments put towards by the Complainant, we are of the opinion that there is nothing to disbelieve the complainant as the O.Ps after service of the notice did not appear before this Forum to controvert the plea of the complainant. Considering the deficiency  of

. service on the part of the OPs for  not paying the deposited amount with interests to the complainant we are of the view that  the Complainant should get Rs. 11,899/- against the Account  No. 861532000026, Rs.3,53,152/- against the Account No. 861532000427, Rs. 50,030/- against the Account No. 861532010795 and Rs.80,048/- against the account No. 861532010807 respectively on production of original documents along with litigation cost and compensation for mental pain and agony.

Reasons for delay

The Case was filed on 31.10.18 and admitted on 12.11.18. 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/166/2018 be and the same is hereby allowed ex-parte against  the OPs  with litigation cost of Rs.1,000/-.

The OPs are directed to pay Rs. 11,899/- against the Account  No. 861532000026, Rs.3,53,152/- against the Account No. 861532000427, Rs. 50,030/- against the Account No. 861532010795 and Rs.80,048/- against the account No. 861532010807 respectively on production of 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.

            All the aforesaid orders must be complied within sixty days from the date 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.