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

                     CASE No.  CC/70/2019

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

   10.06.2019                                         19.06.2019                                         04.01.2024   

Complainant:1.  Ruma Bibi

                                W/o- Selim Shaikh

Vill + P.O.- Dafarpur,

P.S.- Raghunathganj

Dist- Murshidabad, Pin-742227

2. Rijiya Bibi

W/o Rabban Sk

Vill + P.O.- Dafarpur,

P.S.- Raghunathganj

Dist- Murshidabad, Pin-742227

3. Entaj Sekh

S/o- Abol Sekh

Vill + P.O.- Dafarpur,

P.S.- Raghunathganj

Dist- Murshidabad, Pin-742227

4. Haksadi Bibi

W/o- Irfan Seikh

Vill + P.O. – Dafarpur,

P.S.- Raghunathganj,

Dist- Murshidabad,

Pin No.- 742227

5.Tanjera Bibi

W/o- Rafik Sk

Vill – Sekhalipur,

P.O.- Raghunathganj,

Dist- Murshidabad,

Pin No.- 742148

                                                                -Vs-

Opposite Party1.Franchisee Manager,

                        Sahara India Pariwar

                        Jangipur(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.

                        4. Head Manager,

                        Sahara Credit Cooperative Society Limited,

                        Sahra India Bhawan 1 Kapoorthala Complex Aliganj

                        Lucknow 226024

                        Reg No.- MSCS/CR/333/2010            

Agent/Advocate for the Complainants                       :            

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 Ruma Bibi & Ors (here in after referred to as the Complainants) filed the case against Franchise 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 filed the instant petition stating that they had invested total Rs. 3,70,000/- under the plan of “ Sahara .A. Select” and “ Sahara .I. Select”   respectively. The synopsis of their plans are given below:-

The O.P.s undertook to pay interest on the invested amount as per the terms and conditions of the plan under “ Sahara .A. Select” and   “ Sahara .I. Select”   respectively. As per petition of the Complaints the aforesaid amounts were matured on the aforesaid dates. But, in spite of proper investment the Opposite Parties had denied to pay the matured amount. The Complainants several times approached the Opposite Parties but in vain.

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

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 Complainants are the owner of the certificates having Account  nos.   61536200420, 61536700297, 61536700299, 61536700300, 61536700298, 61536701236, 61535600480, 61536200299, 61536200079, 61536200298 and 61535600479 and its matured on dt 27/03/2019 which amounts a sum of Rs. 3,70,000/- and recurring deposit from this O.P. mentioned in the complaint and the Complainant never submitted any documents in spite of repeated demands to show  the ownership of the account mentioned in the complaint  which can be ascertained by the O.P.s 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.

Points for decision

1. Are the Complainants consumer under the provision of the CP Act, 1986?

2. Have the OPs any deficiency in service, as alleged?

3. Are the Complainants entitled to get any relief, as prayed for?

Decision with Reasons:

Point no.1

 The point to be noted that it is a long pending case and neither the Complainant nor the O.P.s appear before this Commission. Such being the position we are of the view that the instant case is required to be disposed of on merit on the basis of the materials available on record.

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 Complainants that they have filed the instant petition stating they had invested total Rs. 3,70,000/- under the plan of “ Sahara .A. Select” and “ Sahara .I. Select”   respectively. The synopsis of their plans are given below:-

The point to be noted is that the Complainant filed the evidence on affidavit.  In support of their contentions made in the complaint, the Complainants have filed photocopies of the Certificates bearing Account  nos.   61536200420, 61536700297, 61536700299, 61536700300, 61536700298, 61536701236, 61535600480, 61536200299, 61536200079, 61536200298 and 61535600479  respectively. It is evident from said photocopies of the certificates that the Complainants had invested said amount under “ Sahara .A. Select” and   “ Sahara .I. Select” respectively as per terms and conditions of the said plan.  

Considering the facts and circumstances of the case and the documents filed by the Complainants we are of the view that the Complainants have been able to prove their case regarding the investment. As the O.P.s had not returned the due amount to the complainants on demand, here lies the deficiency on the part of the O.P.s So, the Complainants should get the matured amount as per terms and conditions of the certificates issued by the O.P.s on production of the original documents.  

Reasons for delay

The Case was filed on 10.06.2019 and admitted on 19.06.2019. 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/70/2019 be and the same is allowed on merit 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 on production of the original documents within 120 days from the date of passing of this order.

The O.P.s are further directed to pay six per cent interest per annum from the date of maturity to till payment.

The Final Order will also be available in the following Website:

    confonet.nic.in

Dictated & corrected by me.

    President

     Member                                                                                                      President.