IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/127/2019
Date of Filing: Date of Admission: Date of Disposal:
30.08.2019 23.09.2019 11.03.2024
Complainant: Gouri Bhaduri,
D/O – Late Nirmal Bandhu Bhaduri,
Azrazi Saikuli, Vill + P.O. - Debipur, P.S.- Jiaganj, Murshidbad,
Pin-742123
-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. Regional Manager,
Sahara India Pariwar,
Vivekananda Nagar,
Badamtala, Kolkata-700129.
Upper Stair of Bank of India,
P.O. & P.S. Madyamgram,
4. Zonal Manager
Sahara India Pariwar
Sahara India Sadan
2A Shakespeare Sarani,
Kolkata-700071.
Agent/Advocate for the Complainants : Srabani Das
Agent/Advocate for the Opposite Parties : Saugata Biswas
Present: Sri Ajay Kumar Das…………………………..........President.
Sri. Nityananda Roy…………………………………….Member.
FINAL ORDER
SMT. ALOKA BANDYOPADHYAY, member.
This is a complaint under section 12 of the CP Act, 1986.
One Gouri Bhaduri, (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. 11400/- under the plan of “ Sahara M. Benefit” being Certificate No. 371016609724 and Account No. 41204800233. 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”. 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 in vain.
Finding no other alternative the complainant filed the instant case before the District Commission for appropriate relief.
Defence Case
O.P.s are contesting this case by filing written version 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 and as such they prayed for dismissal of the case.
On the basis of the complaint and written version the following points are framed for proper adjudication of the case:
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. 11400 /- under Sahara. M. Benefit and the O.P.s issued passbook being Account No. 41204800233 and Certificate No. 371016609724. 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 in vain.
Ld. Advocate for the O.P. has stated in his W/V that the Complainant had not produced any documents in this regard. Having gone through the pleadings of the parties and documents filed by the complainant, we are of the opinion that the complainant is entailed to get back Rs. 11400/- against the Account No. 41204800233 and Certificate No. 371016609724.
Reasons for delay
The Case was filed on 30.08.2019 and admitted on 23.09.2019. 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/127/2019 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 policy being Account No. 41204800233 and Certificate No. 371016609724 on production of the original documents within 120 days from the date of passing this order in default the amount payable shall carry interest @ 9 per cent per annum from the date of this order.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
Member
Member President.
