IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/131/2019
Date of Filing: Date of Admission: Date of Disposal:
04.09.2019 24.09.2019 01.02.2023
Complainant: Marjina Bibi,
W/O- Nijam Khan,
Chauni Para,
Vill + P.O.- Debipur,
P.S. - Jiaganj,
Murshidabad,
Pin No. 742113
-Vs-
Opposite Party: 1.Franchisee Manager,
Sahara India Pariwar,
Jiaganj (4120), High School Para,
P.O. & P.S.- Jiaganj,
Dist-Murshidabad
Pin-742133.
2. Sector Manager
Sahara India Pariwar,
Swarnamoyee Bazar,
Abhudyay Sangha,
P.O. & P.S.- Berhampore,
Dist- Murshidabad
Pin-742101
3. Regional Manager
Sahara India Pariwar
Vivekananda Nagar,
Badamtala, Kolkata-700129,
Upper Stair of Bank of India,
P.O. & P.S- Madhyamgram,
4. Zonal Manager
Sahara India Pariwar,
Sahara India Sadan,
2A Shakespeare Sarani,
Kolkata-700071.
Agent/Advocate for the Complainant : Srabani Das
Agent/Advocate for the Opposite Parties : Saugata Biswas
Present: Sri Ajay Kumar Das…………………………..........President.
Smt. Aloka Bandyopadhyay……………………..Member.
Sri. Nittananda Roy………………………………….Member.
FINAL ORDER
SMT. ALOKA BANDYOPADHYAY, MEMBER
This is a complaint under section 12 of the CP Act, 1986.
One Marjina Bibi. (here in after referred to as the Complainant) filed the case against The Franchisee Manager Sahara India Pariwar & Ors. (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 with Sahara Credit Cooperative Society Limited Rs. 5,000/- on 06.01.15 vide account No. 16105600027 and the OPs issued certificate bearing No. 504000692103 again Rs. 5,000/- vide account No. 16105600028 and the Ops issued certificate bearing No. 504000692104 again Rs.5,000/- vide account No. 16105600026 and the Ops issued certificate bearing No. 504000692105 and deposited in the monthly installment scheme @ Rs. 200 per month totaling Rs. 5,800/- from 18.03.15 vide account No. 41205600093 and again @ Rs. 200 per month totaling Rs. 5,800/- from 18.03.15 vide account No. 41205600094.
But, in spite of such investment the Opposite Parties had denied to pay the matured amount. The Complainant several times approached the Opposite Parties but failed.
Finding no other alternative the complainant filed the instant case before the District Commission praying for an order directing the O.P.s .to pay of Rs. 26,600/- + 1,00,000/- towards harassment and mental agony totaling Rs 1,26,600/- to the Complainant.
Defence Case
After due service of the notice the Ops appeared but did not file W/V to controvert the plea of the Complainant. So, the case proceeded ex-parte.
On the basis of the complaint 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
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 No.s 2 & 3
All the points are taken up together for the sake of convenience and brevity of discussion.
As per petition of the complaint the Complainant deposited with Sahara Credit Cooperative Society Limited Rs. 5,000/- on 06.01.15 vide account No. 16105600027 and the Ops issued certificate bearing No. 504000692103 again Rs. 5,000/- vide account No. 16105600028 and the Ops issued certificate bearing No. 504000692104 again Rs.5,000/- vide account No. 16105600026 and the Ops issued certificate bearing No. 504000692105 and deposited in the monthly installment scheme @ Rs. 200 per month totaling Rs. 5,800/- from 18.03.15 vide account No. 41205600093 and again @ Rs. 200 per month totaling Rs. 5,800/- from 18.03.15 vide account No. 41205600094.
The point to be noted is that the Complainant filed the evidence on affidavit in support of his contentions made in the complaint, the Complainant had filed photocopies of the Certificates bearing Account Nos. 16105600027, 16105600028, 16105600026, 41205600093 and 41205600094 respectively.
After due service of the notice the Ops appeared but did not file W/V to controvert the plea of the Complainant for the reason best known to them. So, the case proceeded ex-parte against the OPs vide order No. 5 on 04.12.2019.
Considering the facts and circumstances of the case and the documents filed by the Complainant and the argument advanced the Ld. Counsel of the Complainant we are of the view that the Complainant deposited with Sahara Credit Cooperative Society Limited Rs. 5,000/- on 06.01.15 vide account No. 16105600027 and the Ops issued certificate bearing No. 504000692103 stating maturity amount 5,500/- and maturity date 06.01.16 again Rs. 5,000/- vide account No. 16105600028 and the Ops issued certificate bearing No. 504000692104 stating maturity amount 5,500/- and maturity date 06.01.16 again Rs.5,000/- vide account No. 16105600026 and the Ops issued certificate bearing No. 504000692105 stating maturity amount 5,500/- and maturity date 06.01.16 and deposited in the monthly installment scheme @ Rs. 200 per month totaling Rs. 5,800/- from 18.03.15 vide account No. 41205600093 and again @ Rs. 200 per month totaling Rs. 5,800/- from 18.03.15 vide account No. 41205600094.
It is not out of the place to mention that the Complainant had filed the instant case claiming his deposited amount as per the terms and conditions of the certificate issued by the O.Ps against her investment. As per the petition of complaint the complainant in order to get Rs. 26,600/- against her investment visited the office of the Ops. The petition is supported by affidavit so there is little scope to disbelieve it. As the O.P.s had not returned the due amounts to the complainant on demand after the maturity date, so, in our considered view not paying the matured amount falls under deficiency of service on the part of the Ops. So, the Complainant should get Rs. 5,500/- against in each 3 investments and Rs. 5,800/- in each two investments along with compensation for harassment and mental pain and agony.
Reasons for delay
The Case was filed on 04.09.2019 and admitted on 24.09.2019. 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/131/2019 be and the same is hereby allowed ex-parte against the OPs.
The OPs are directed to pay Rs. 5,500/- against in each 3 investments and Rs. 5,800/- in each two investments on production of the original documents along with interest @3% PA from the date of maturity till payment.
The OPs are further directed to pay Rs. 1,000/- to the Complainant for mental pain and agony.
All the aforesaid orders must be complied within 60 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 Member President.
