IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/74/2019
Date of Filing: Date of Admission: Date of Disposal:
20.06.2019 27.06.2019 01.03.2023
Complainant: Pranay Kumar Das
S/O - Late Provat Kumar Das,
Steamarghat, 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 Pranay Kumar Das (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 he had invested total Rs. 42700/- under the plan of “ Sahara M. Benefit” and “ Sahara E. Shine”. The synopsis of their plans are given below:-
Name | Sl No. | Scheme Name | Account No. | Date of Investment | Date of Maturity | Principal Amount | Maturity Amount |
Pranay Kumar Das (Complainant) | 1 | Sahara M. Benefit | 41205100086 | 31/01/2014 | 31/01/2019 | 17700 /- | 21870/- |
2 | Sahara E. Shine | 16103700682 | 30/04/2011 | 30/04/2019 | 5000/- | 12160 /- |
3 | Sahara E. Shine | 16103700683 | 30/04/2011 | 30/04/2019 | 10000/- | 24320/- |
4 | Sahara E. Shine | 16103700684 | 30/04/2011 | 30/04/2019 | 10000/- | 24320/- |
| | | | Total Amount | 42700 /- | 88,670/- |
The O.P.s undertook to pay interest on the invested amount as per the terms and conditions of the plan under “ Sahara M. Benefit” and “ Sahara E. Shine” 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 an order directing the Opposite Party to pay Rs. 88,670/-as maturity amount along with interest and compensation for mental pain and agony.
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 purchased Account Vide No. 41205100086 and it’s matured on 31/01/2019 and 16103700682, 16103700683 and 16103700684, these are matured on 30/04/2019 which amounts a sum of Rs. 82,670/- from the O.P.s 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 he has filed the instant petition stating that the Complainant had invested Rs. 17700 /-, and the O.P.s issued passbook being Account No. 41205100086, Date of Maturity 31/01/2019, Maturity Amount Rs. 21870/- on payment of all 60 monthly installments and the Complainant also invested Rs. 5000/-, and the O.P.s issued certificate being Account No. 16103700682, Date of Maturity 30/04/2019, Maturity Amount Rs. 12160 /- and again the Complainant invested Rs. 10,000/- and the O.P.s issued certificate being Account No. 16103700683, Date of Maturity 30/04/2019, Maturity Amount Rs. 24,320/- and the Complainant further invested Rs. 10,000/- and the O.P.s issued certificate being Account No. 16103700684, Date of Maturity 30/04/2019, Maturity Amount Rs. 24,320/-.
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 passbook and Certificates bearing Account No. 41205100086 and certificates bearing Account nos 16103700682, 16103700683 and 16103700684 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. It appears from the passbook being Account No. 41205100086 that the Complainant has paid 59 installments.
O.P.s in the W/V stated that the Complainant filed this complaint to gain some extra money as because in spite of repeated demands of production of the original documents made by the O.P.s to ascertain ownership of the accounts and liquidation of the matured amount, the Complainant never submitted any original documents.
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 his case regarding the investment. As the Complainant has paid 59 installments out of 60 installments it is not possible by this Commission to calculate the maturity amounts. It is the fact that 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. The Complainant should get the matured amount as per terms and conditions of the 3 (three) certificates issued by the O.P.s. and the installments amount paid by the Complainant along with interest in Sahara M Benefit Scheme.
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/74/2019 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 amounts along with the interest payable as per the terms and conditions of the passbook and the maturity value of the Certificates issued by them 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 6 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.
