IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/163/2019
Date of Filing: Date of Admission: Date of Disposal:
11.11.2019 04.12.2019 01.02.2023
Complainant: Imamul Sk,
S/o Aektar Sk,
Vill + P.O.- Mirzapur, Char Mirzapur
P.S.-Beldanga,
Dist- Murshidabad,
Pin-742190
-Vs-
Opposite Party: 1.Franchisee Manager,
Sahara India Pariwar,
Station Road,
P.O. & P.S.- Beldanga,
Dist-Murshidabad
Pin-742133.
2. Sector Manager
Sahara India Pariwar,
Mirabazar, Station Road, 1st Floor,
P.O.- Palassy & P.S.- Kaliganj,
Dist- Nadia
Pin-741156
3. Regional Manager
Sahara India Pariwar
Vivekananda Nagar,
Badamtala, P.O. & P.S- Madhyamgram,
Upper Stair of Bank of India,
Kolkata-700129.
4. Zonal Manager
Sahara India Pariwar,
Sahara India Sadan,
2A Shakespeare Sarani,
Kolkata-700071.
Agent/Advocate for the Complainant : Srabani Das
Agent/Advocate for the Opposite Parties : Saugata Biswas
Present: Sri Ajay Kumar Das…………………………..........President.
Smt. Aloka Bandyopadhyay……………………..Member.
Sri. Nittananda Roy………………………………….Member.
FINAL ORDER
SMT. ALOKA BANDYOPADHYAY, MEMBER.
This is a complaint under section 12 of the CP Act, 1986.
One Imamul Sk. (here in after referred to as the Complainant) filed the case against The Franchisee Manager Sahara India Pariwar, Station Road, P.O. & P.S.- Beldanga & 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 deposited with Sahara Credit Cooperative Society Limited Rs. 10000/- on 07.06.2011 Vide Receipt No. 80037035132, Certificate No. 351000344854. As per the version of the petitioner the said Certificates had been matured on 07.06.2019 and the maturity value were Rs. 22640/-.
But, in spite of proper investment the Opposite Party had denied to pay the matured amount. The Complainant several times approached the Opposite Party but failed. The Complainant had also made complaint with the Opposite Party through his advocate but those were of no effect.
Finding no other alternative the complainant filed the instant case before the District Commission praying for an order directing the O.P.s .to pay of Rs. 10,000/- + interest + 1,00,000/- compensation towards harassment and mental agony totaling Rs 1,10,000/- to the Complainant.
Defence Case
After due service of the notice the Ops appeared but did not file W/V to controvert the plea of the Complainant. So, the case proceeded ex-parte.
On the basis of the complaint the following points are framed for proper adjudication of the case:
Points for decision
1. Is the Complainant a consumer under the provision of the CP Act, 1986?
2. Has the OP 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 No.s 2 & 3
All the points are taken up together for the sake of convenience and brevity of discussion.
As per petition of complaint the complainant deposited with Sahara Credit Cooperative Society Limited Rs. 10000/- on 07.06.2011 Vide account No. 61543700810 with the O.P. Sahara Credit Cooperative Society Ltd. and the complainant is entitled to get the maturity value of Rs. 22640/- on 07.06.19.
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 had filed photocopies of the Certificate bearing Account No. 61543700810.
After due service of the notice the Ops appeared but did not file W/V to controvert the plea of the Complainant for the reason best known to them. So, the case proceeded ex-parte against the OPs vide order No. 8 on 05.03.20.
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 deposited Rs. 10,000/- with the OPs vide account No. 61543700810 for the period of 96 months.. It is not out of the place to mention that the Complainant had filed the instant case claiming his deposited amount as per the terms and conditions of the certificate issued by the O.Ps against his investment. As per the petition of complaint the complainant in order to get the matured value of Rs. 22,640/- against his investment visited the office of the Ops. The petition is supported by affidavit so there is little scope to disbelieve it. As the O.P.s had not returned the due amounts to the complainant on demand after the maturity date on 07.06.19, so, 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 of Rs. 22,640/- as per the certificate issued by the O.P.s on 07.06.11.
Reasons for delay
The Case was filed on 11.11.2019 and admitted on 04.12.2019. 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/163/2019 be and the same is hereby allowed ex-parte against the OPs.
The OPs are directed to pay the maturity amount of Rs. 22,640/- on production of the original documents along with interest @3% PA from the date of maturity till payment.
The OPs are further directed to pay the litigation cost of Rs. 2,000/- to the Complainant.
All the aforesaid orders must be complied within 60 days from the date of this order.
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.
