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

CASE No.  CC/95/2019

 Date of Filing:                   Date of Admission:                     Date of Disposal:

   24.07.2019                                      05.08.2019                                    01.06.2023

Complainant:Barun Kumar Dhar

                           P.O. & P.S.-Jiaganj,

               Murshidabad,

                 Pin-742123.                                      

-Vs-

Opposite Party1.Franchisee Manager,

                        Sahara India Pariwar

                        Jiaganj (4120),  

                        High School Para, Jiaganj

                        P.O. & P.S. Jiagang,

            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 Complainant                       :           None

Agent/Advocate for the Opposite Parties                  :           Saugata Biswas

Present:   Sri Ajay Kumar Das…………………………..........President.     

  Sri. Nityananda Roy…………………………………….Member.

FINAL ORDER

Sri. Ajay Kumar Das,  Presiding Member.

This is a complaint under section 12 of the CP Act, 1986.

One BarunKuamr Dhar (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 Complainants filed the instant petition stating that they had invested total Rs. 30,000/- under the plan of “ Q Shop Plan- H” [“Plan-H”]. The synopsis of their plans are given below:-

The O.P.s undertook to pay interest of the invested amount as per the terms and conditions of the plan under “ Q Shop Plan- H” [“Plan-H”]. 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 Complainantsseveral times approached the Opposite Partiesbut 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. 80,500/- asmaturity amount along with interest andcompensation.

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 term was over on 21.08.2018 and the Complainant never submitted any documents to the O.P.s which are necessary for liquidation of matured amount. So, the petition is liable to be dismissed against the O.P.s. 

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. Isthe 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 Complainants that theyfiled the instant petition stating thatthe Complainant had invested Rs. 30,000/- on  21/08/2012being Certificate No. 562005313812 and Customer I.D. No. 816102001270issued by the O.P.s.

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 has filed photocopies of the Certificate bearing No. 562005313812. It is evident from said Certificate that the Complainant had invested said amount ‘under “Q Shop Plan-H” ( “PLAN-H”) for the period as per terms and conditions of the plan. Total Accumulated LBP Benefit will be 2.13/2.26/2.35/3.84/3.97/4.06 times of Global Advance and it is based on certain/specific consumption pattern of “Q Shop Plan-H” Goods and or Hospitality Products.’

The Ld. Advocate of the O.P.s stated in the W/V that the Hon’ble Supreme Court in contempt petitioner © No. 412 of 2012 in Civil Appeal No. 9813/2011 with contempt petition (Civil) No. 413 of 2012 in C/A No. 9833/2011 (SEBI us Sahara India Real Estate Company Ltd & others) passed on 21.11.2013 wherein following order has been passed:-

“ We are Convinced that the order dated 28.10.2013 passed by this Court has not been complied with in its letter and spirit in such circumstance, we direct that the Sahara Group of Companies shall not…. with any movable and immovable properties until further orders”.

Considering the facts and circumstances of the case and the documents filed by the Complainant we are of the view thatthe Complainant deposited Rs. 30,000/- on 21.08.2012 but what would be the mature date and what would be the total accumulated LBP Benefit is not clear to us. It is not out of the place to mention thatthe Complainant filed the instant case claiminghis deposited amount as per the terms and conditionof the O.Ps. But it is not possible by this Commission to calculate the maturity amounts under “Q SHOP PLAN-H” from the documents filed by the complainants. As per the petition of complaint the complainant in order to get the matured value against his investment visited the office of the OPs. As the O.P.s had not returned the due amount to the complainant on demandso, 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 the matured amount as per terms and conditions of the certificates issued by the O.P.s on production of the original documents.  

Reasons for delay

The Case was filed on 24.07.2019 and admitted on 05.08.2019. 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/95/2019 be and the same is allowed on contestagainst the O.P.s but under the circumstances without any order as to costs.

The O.P.s are directed to pay the principal amount along with the interest payable as per the terms and conditions of the Certificate being no. 562005313812 and Customer I.D. No. 816102001270 issued by them on production of the original documents.

The aforesaid order must be complied with within 120 days from the date of passing of this order.  If the aforesaid order is not complied with within the stipulated period it will carry an interest @ of 6 per cent per annum from the date of the passing of this order till realization. 

The Final Order will also be available in the following Website:

confonet.nic.in

Dictated & corrected by me.

President

Member                                                    President.