IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/76/2019
Date of Filing: Date of Admission: Date of Disposal:
20.06.2019 27.06.2019 02.03.2023
Complainant: Mahima Rani Singho
Late-Girindra Prasad Singho
Debipur, P.O.+P.S.-Jiaganj,
Dist- Murshidabad, Pin-742123 (W.B),
-Vs-
Opposite Party1.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 Complainants : Self
Agent/Advocate for the Opposite Parties : Saugata Biswas
Present: Sri Ajay Kumar Das…………………………..........President.
Smt. Aloka Bandyopadhyay……………………..Member.
Sri. Nityananda Roy…………………………………….Member.
FINAL ORDER
SMT. ALOKA BANDYOPADHYAY, MEMBER
This is a complaint under section 12 of the CP Act, 1986.
One Mahima Rani Singho (here in after referred to as the Complainant) filed the case against Franchise Manager, Sahara India Pariwar, Jiaganj (4120) & 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 filed the instant petition stating that she had invested total Rs. 56,000/- under the plan of “ Sahara .A. Select”, “ Sahara E. Shine” and “Saharayn Universal Multipurpose Society Limited” respectively. The synopsis of their plans are given below:-
Name | Sl No. | Scheme Name | Account No./Membership No. | Date of Investment | Date of Pre Matured/Maturity | Principal Amount | Pre Mature/Maturity Amount | |
Mahima Rani Singho (Complainant) | 1 | Sahara .A. Select | 41206200144 | 04/05/2016 | 04/11/2017 | 10000/- | 11630/- | |
2 | Sahara .A. Select | 41206200299 | 14/10/2016 | 14/04/2018 | 8000/- | 9304/- | |
3 | Sahara .A. Select | 41206200300 | 14/10/2016 | 14/04/2018 | 8000/- | 9304/- | |
4 | Sahara E. Shine | 41204800560 | 23/11/2018 | 23/11/2018 | 8000/- | 13184/- | |
5 | Sahara E. Shine | 41204800561 | 23/11/2018 | 23/11/2018 | 8000/- | 13184/- | |
6 | Sahara E. Shine | 41204800562 | 23/11/2018 | 23/11/2018 | 9000/- | 14832/- | |
7 | Saharayn Universal Multipurpose Society Limited | 916105000362 | 29/04/2015 | 29/04/2018 | 5000/- | 7700/- | |
| |
The O.P.s undertook to pay interest on the invested amount as per the terms and conditions of the plan under “ Sahara .A. Select”, “ Sahara E. Shine” and “Saharayn Universal Multipurpose Society Limited” respectively. As per petition of the Complaint the aforesaid amounts were matured on the aforesaid dates. But, 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.
Finding no other alternative the complainant filed the instant case before the District Commission praying for appropriate order.
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 Complainant is the owner of the certificates having Account no 41206200144, and its date of maturity is on 04/11/2017’, 41206200299, 41206200300 and their date of maturity are on 14/04/2018, and the certificates bearing no.s 41204800560, 41206200561, 41204800562 and their date of maturity are on 23/11/2018 and another certificate having no. 916105000632 and date of maturity is on 29/04/2018 and the Complainant never submitted any documents in spite of repeated demands to show the ownership of the account mentioned in the complaint which can be ascertained by the O.P.s for liquidation of the matured amount. So, the O.P.s prayed for dismissal of the case as there is no unfair trade practice or any deficiency of service on their part.
Points for decision
1. Is the Complainant 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 has filed the instant petition stating that she had invested Rs. 10000/-, and the O.P.s issued certificate being Account No. 41206200144, Date of Maturity 04/11/2017, Maturity Amount Rs. 11630/- and the Complainant also invested Rs. 8000/-, and the O.P.s issued certificate being Account No. 41206200299, Date of Maturity 14/04/2018, Maturity Amount Rs. 9304 /- and again the Complainant invested Rs. 8000/- and the O.P.s issued certificate being Account No. 41206200300, Date of Maturity 14/04/2018, Maturity Amount Rs. 9304/- and the Complainant further invested Rs. 8000/- and the O.P.s issued certificate being Account No. 41204800560, Date of Maturity 23/11/2021, Maturity Amount Rs. 20896/- and again the Complainant invested Rs. 8000/- and the O.P.s issued certificate being Account No. 41204800561, Date of Maturity 23/11/2021, Maturity Amount Rs. 20896/- and the Complainant further invested Rs. 9000/- and the O.P.s issued certificate being Account No. 41204800562, Date of Maturity 23/11/2021, Maturity Amount Rs. 23508/- and lastly the Complainant invested Rs. 5000/- and the O.P.s issued certificate being Membership No. 916105000362, Date of Maturity 29/04/2018, Maturity Amount Rs. 7700/-.
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 Account No. 41206200144, 41206200299, 41206200300, 41204800560, 41204800561, 41204800562 and Membership No. 916105000362 respectively. At the time of argument the Complainant produces original documents and it is evident from said passbook and Certificates that the Complainant had invested said amount.
Considering the facts and circumstances of the case and the documents filed by the Complainant and the argument advanced by the Complainant and the Ld. Counsel of the O.P.s we are of the view that the Complainant has able to prove her case regarding the investment. But as the O.P.s had not returned the due amount to the complainant on demand, so in our considered view here lies the deficiency on the part of the O.P.s. Though the Complainant claimed pre-matured amount of the certificates bearing no. 41204800560, 41204800561 and 41204800562 respectively but at the time of passing the final order it appears that all these certificates arrived at the date of the maturity. So, we are of the view that along with all other investments the Complainant should also get the matured amount against these investments as per terms and conditions of all the certificates issued by the O.P.s.
Reasons for delay
The Case was filed on 20.06.2019 and admitted on 27.06.2019. 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/76/2019 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 matured amount on production of the original documents within 120 days from the date of passing this order.
The O.P.s are further directed to pay six per cent interest per annum from the date of maturity to till payment.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
Member
Member Member President.
