IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/80/2018
Date of Filing: 08.05.2018 Date of Final Order: 09.07.2019
Complainant: Najel Sk
S/o Late Illiyas Sk
Vill-Chhotkaliai
PO-Jangipur
PS-Raghunathganj
Dist-Murshidabad
Pin-742213
-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 :Sri. Md. Mazanoor Rahaman.
Agent/Advocate for the Opposite Party : Sri. Bidishya Sarkar.
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 (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.79,000/-, Rs.26,000/-, Rs. 26,000/-, Rs.26,000/- and Rs. 26,000/- to the OP, Sahara India Pariwar on 31.10.2016 amounting total Rs.1,83,000/- on fixed interest basis and the O.P issued certificate in this regard. The date of maturity of the above certificates was 30.04.18. And the maturity amount was Rs.91,877/-, Rs. 30,238/- , Rs. 30,238/- , Rs. 30,238/- , Rs. 30,238/- respectively against the above deposit. After 30.04.18, 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 are contesting the case by filing W/V wherein all material allegations have been denied by them and they asserted that no documents had been filed by the Complainant in respect of his claim in spite of repeated demands. They also stated that a case is pending before the Hon’ble Supreme Court of India in which all the proceeding of the OP Company has been stayed by the order of the Apex Court and as such they prayed for dismissal of the case.
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 taken up together for consideration for the sake of convenience and brevity.
Undoubtedly, the Complainant deposited Rs.79,000/-, Rs.26,000/-, Rs. 26,000/-, Rs.26,000/- and Rs. 26,000/- to the OP, Sahara India Pariwar on 31.10.2016 amounting total Rs.1,83,000/- on fixed interest basis (vide Annexure 1-5). So, the Complainant is a consumer as per the Consumer Protection Act, 1986.
Ld. Advocate for the OP has stated that a case is pending before the Hon’ble Supreme Court of India. But the OPs have not produced any documents in this regard.
It is true that the Complainant on deposited total amount of Rs.1,83,000/- and on 31.10.16 and the OP issued due receipt in this respect considering the deposited amount. 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 though the O.Ps in the w/v stated that the complainant has not filled any documents in respect of his claim.
Having gone through the pleadings of the parties and documents filled before us and taking into consideration the arguments put towards by the Complainant and Ld. Advocate for the OPs We are of the opinion that the Complainant is entitled to get the matured amount of Rs.91,877/-, Rs. 30,238/- , Rs. 30,238/- , Rs. 30,238/- , Rs. 30,238/- respectively against the certificate issued by the OPs as the date of maturity in each case was on 30.04.18.
Reasons for delay
The Case was filed on 08.05.18 and admitted on 16.05.18. 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/80/2018 be and the same is hereby allowed on contest with litigation cost of Rs.1,000/- against the OPs.
The OPs are directed to pay Rs. 91,877/- against the account No. 61536200879, Rs. 30,238/- against the account No. 61536200880, Rs. 30,238/- against the account No. 61536200881, Rs. 30,238/- against the account No. 6153600882 and Rs. 30,238/- against the account No. 61536200883 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.
