IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/118/2019
Date of Filing: Date of Admission: Date of Disposal:
26.08.2019 03.09.2019 12.05.2023
Complainant: Deb Narayan Das
S/o- Late Rishi Kumar Das
Vill- Fansitala
P.O.- Raghunathganj
P.S.-Raghunathganj
Dist- Murhsidabad
Pin-742225
-Vs-
Opposite Party1.Franchisee Manager,
Sahara India Pariwar
Jangipur FC- 16106153
Opposite to Jangipur Hospital Gate No. 1,
Post Office Raghunathganj
Police Station Raghnathganj
District Murshidabad
Pin-742225
2. Sector Manager
Sahara India Pariwar,
Swarnomayee Bazar,
Abhudyay Sangha,
P.O. & P.S.- Berhampore
Dist- Murshidabad
Pin-742101
3. Regional Manager
Sahara India Pariwar
Vivekananda Nagar
Badamtala
Upper Stair of Bank of India,
Post Office Madhyamgram
Police Station Madhyamgram
Agent/Advocate for the Complainant : Subhanjan Sengupta
Agent/Advocate for the Opposite Parties : None
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 Deb Narayan Das (here in after referred to as the Complainant) filed the case against Franchise Manager, Sahara India Pariwar, Jangipur FC – 16106153 & Ors. (here in after referred to as the O.P.s) 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 Rs. 15000/- on 22.04.2017 and the matured amount is Rs. 17445/- and the date of maturity is on 22.10.2017 and the O.P. acknowledged the same by issuing the certificate bearing no. 925004237162, the Complainant again invested Rs, 15000/- and the matured amount is Rs. 17445/- and the date of maturity is on 22.10.2017 Vide Certificate No. 925004237163, the Complainant further invested Rs. 10000/- and the maturity amount is Rs. 11630/- and the date of maturity is on 22.10.2017 Vide Certificate No. 925004237166 and the Complainant also invested Rs. 10000/- and the maturity amount is Rs. 11630 and the date of maturity is on 22.10.2017 Vide Certificate No. 925004237167.
After the date of maturity the Complainant approached the O.P.s for proper redress but they denied the same.
Finding no other alternative the complainant filed the instant case before the District Commission praying for an order directing the Opposite Parties to pay Rs. 58,150/- as maturity amount along with Rs. 1,00,000/- towards harassment and mental agony to the complainant.
Defence Case
After due service of the notices none appeared on behalf of the O.P.s to controvert the plea of the Complainant. So, the case proceeded ex-parte against the O.P.s vide Order No. 19, dated 03.03.2023.
Points for decision
1. Is the Complainant a 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 had invested Rs. 15000/- on 22.04.2017 and the matured amount is Rs. 17445/- and the date of maturity is on 22.10.2017 and the O.P. acknowledged the same by issuing the certificate bearing no. 925004237162, the Complainant again invested Rs, 15000/- and the matured amount is Rs. 17445/- and the date of maturity is on 22.10.2017 Vide Certificate No. 925004237163, the Complainant further invested Rs. 10000/- and the maturity amount is Rs. 11630/- and the date of maturity is on 22.10.2017 Vide Certificate No. 925004237166 and the Complainant also invested Rs. 10000/- and the maturity amount is Rs. 11630 and the date of maturity is on 22.10.2017 Vide Certificate No. 925004237167. It appears from those certificates that the Complainant had invested totaling Rs. 50,000/- (Rs. 15,000/- + Rs. 15,000/- + Rs. 10,000/- + Rs. 10,000/-) and the matured amounts are totaling Rs. 58,150/- (Rs. 17445/- + Rs. 17,445/- + Rs. 11630/- + Rs. 11,630/-). 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.
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 nos. 925004237162, 925004237163, 925004237166, 925004237167 respectively. It is evident from said photocopy of the certificate that the Complainant had invested said amount under “ Sahara .A. Select” as per terms and conditions of the said plan.
In spite of service of notices none appeared on behalf of the O.P.s to controvert the plea of the Complainant for the reason best known to them. So, the case proceeded ex-parte against the O.P.s vide Order No. 19, dated 03.03.2023.
Considering the facts and circumstances of the case and the documents filed by the Complainant and the argument advanced by the Ld. Counsel of the Complainant we are of the view that the Complainant has able to prove his case regarding the investment. As the O.P.s had not returned the due amount to the complainant on demand, here lies the deficiency on the part of the O.P.s So, the Complainant should get the matured amount as per terms and conditions of the certificate issued by the O.P.s on production of the original documents.
Reasons for delay
The Case was filed on 26.08.2019 and admitted on 03.09.2019. 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/118/2019 be and the same is allowed ex-parte 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 totaling Rs. 58,150/- (Rs. 17445/- + Rs. 17,445/- + Rs. 11630/- + Rs. 11,630/-) on production of the original documents issued by the O.P.s.
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.
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.
