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

                CASE No.  CC/55/2019.

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

   01.04.2019                              08.04.2019                           08.09.2022   

Complainant: Md. Mojibur Rahaman,

                        S/o- Late Md. Belal Hossain,

                        Vill- Jayrampur (Rajpara),

                        P.O.- Jangipur,

                        P.S.- Raghunathganj, Dist- Murshidabad,

                        Pin No.- 742213

-Vs-

Opposite Party:  1.Franchisee Manager,

                        Sahara India Pariwar

                        Jiaganj (6153), Raghunathganj Hospital Road,

                        Gate No.- 1,   

                        P.O. & P.S.- Raghunathganj,

Dist-Murshidabad

                        Pin-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.

Agent/Advocate for the Complainant                        : N.A.

Agent/Advocate for the Opposite Parties                  : Saugata Biswas

.

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

  Sri. Subir Sinha Roy………………………………….Member.                        

                             Smt. Aloka Bandyopadhyay……………………..Member.

FINAL ORDER

   SMT. ALOKA BANDYOPADHYAY,  MEMBER

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

One Md. Mojibur Rahaman (here in after referred to as the Complainant) 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 Complainant filed the instant petition stating that he is the owner of Account No. 61534800417 and 61534800418 date of maturity 09.07.2018 and the matured amount Rs. 49223/- and Rs. 45450/- respectively which were lying with the O.P.s. On the date of maturity and on other several dates the complainant claimed the amount from the Sahara Office but they denied to pay the same. 

  Finding no other alternative the complainant filed the instant case before the District Commission for appropriate relief.

Defence Case

 After due service of the notice the O.P.s are contesting this case by filing written version wherein all material allegations have 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. They also stated that a case is pending before the Hon’ble Supreme Court of India in which all the proceedings of the O.P. company have been stayed by the order of the Apex Court 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 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, 2 & 3

All the points are taken up together for the sake of convenience and brevity of discussion.

The complainant claimed matured amount of Rs. 49223/- and Rs. 45450/- from the O.P. Sahara India Pariwar. As per the petition of compliant, the complainant claimed Rs. 94673/- along with Rs. 50000/- for his compensation.

Ld. Advocate for the O.P. has stated that a case is pending before the Hon’ble Supreme Court. And the complainant has not produced any original documents till date and also is not taking steps since 22.12.2020.

Considering the facts and circumstances of the case and the documents filed by the parties and argument advanced by the Ld. Advocate by the O.P.s we are of the view that the complainant has not appeared before this Commission since long and also has not produced any original documents and the Xerox copy of the documents filed by the complainant is not clear to us and as such the case is liable to be dismissed due to want of original documents.

Reasons for delay

The Case was filed on 01.04.19 and admitted on 08.04.19. 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/55/2019 be and the same is dismissed on contest against the O.P.s but without any order as to costs.

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