IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/71/2019
Date of Filing: Date of Admission: Date of Disposal:
10.06.2019 19.06.2019 21.09.2023
Complainant: 1. Fatik Sk
S/o-Amjad Sk,
Vill + P.O.- Dafarpur,
P.S- Raghunathganj,
Pin-742227
2. Tuktuki Bibi
W/O Fatik Sk,
Vill & PO-Dafarpur,
PS-Raghunathganj,
Pin-742227
3. Anowari Bibi
W/o- Dukhu.
Vill & PO-Dafarpur,
PS-Raghunathganj,
Pin-742227
4. Khairul Sk
S/o – Abul Hossain,
Vill & P.O.-Dafarpur,
PS-Raghunathganj,
Pin-742227
-Vs-
Opposite Party: 1.Franchisee Manager,
Sahara India Pariwar
Jangipur (6153),
Raghunathganj Hospital Road,
Gate No. 1
P.O. & P.S.-Raghunathganj
Dist- Murshidabad,
Pin No. 742225
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
4. Head Manager,
Sahara Q Shop Unique Products Range Limited,
Sahara India Bhawan 1,
Kaporthala Complex Aliganj,
Lucknow- 226024
Agent/Advocate for the Complainant : Monohar Mitra
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 Fatik Sk and Ors. (here in after referred to as the Complainants) filed the case against Franchisee Manager Sahara India Pariwar Jangipur (6153) & 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 had deposited their money to O.P.s on different dates under the scheme of “Q Shop Plan-H” and the O.P.s issued registration certificates against their investments. All the certificate issued by the O.P.s started maturing from September, 2018 to October, 2018 and the complainants claimed a sum of Rs. 4,51,563/- as maturity amount. After the dates of maturity the complainants visited the Office of the O.P. No. 1 several times and requested to refund their matured amounts but the O.P. No. 1 did not pay any heed to request of the complainants since long.
Finding no other alternative the complainants filed the instant case before the District Commission for appropriate relief.
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 Certificate No. 861532001361, 861532001362, 861532014268, 861532011618, 861532011619 and 861532014081 and these were matured on 31/10/2018 which amounts a sum of Rs. 1,91,800/- from the O.P.s and the Complainant never submitted any documents before the O.P.s in spite of repeated demands to show the ownership of the account mentioned in the complaint 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.
On the basis of the complaint and the documents filed by the complainants the following points are framed for proper adjudication of the case:
Points for decision
1. Are the Complainants consumers under the provision of the CP Act, 1986?
2. Have the O.P.s any deficiency in service, as alleged?
3. Are the Complainants entitled to get any relief, as prayed for?
Decision with Reasons:
Point no.1, 2 & 3
All the points are taken up together for the sake of convenience and brevity of discussion.
The complainants for their financial gain deposited different amounts of money to the O.P.s on different dates under the scheme of “Q Shop Plan-H” and O.P.s issued registration certificate against all the investments. All these 6 certificates started maturing from September, 2018 to October, 2018 and as per the petition of complaint the complainants were entitled to the total sum of Rs. 4,51,563/- as maturity amounts on their investments. The complainants submitted Xerox copies of 6 certificates before this Commission to adjudicate the matter but till date had not produced original certificates and they found absent since long.
Considering the facts and circumstances of the case and the documents filed before us we are of the view that different complainants had invested different amounts on different dates for their financial gain. So the dates of maturity of such investments are different. It is not out of the place to mention that they had filed the instant case claiming total amount of Rs. 4,51,563/-. But it is not possible to calculate the rate of interest from the documents filed by the complainants and to specify their maturity value against such investments. Moreover, there are numerous consumers and they had filed the case together and the maturity date of their investments are different and they had not taken any permission from this Commission to file the case together. It is not out of the place to mention that the complainants had not filed any original documents till date to show their investments. So, we are of the view that the instant case should be dismissed with a liberty to file afresh subject to the law of limitation.
Reasons for delay
The Case was filed on 10.06.19 and admitted on 19.06.19. 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 dismissed.
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No. CC/71/2019 be and same is dismissed against the O.P.s but without any order as to costs with a liberty to file afresh subject to the law of limitation.
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.
President
Member President.
