The Complainants, namely, Seikh Jaber Hossain, Kanchan Bibi, Salam Sk, Firoja Bewa and Buliyara Bibi filed a complaint U/s 12 of the Consumer Protection Act, 1986 with the allegation that they deposited Rs.1,98,200/- with the Sahara India Pariwar vide their A/C No. 861532001495 dated 07.09.18 in the name of Seikh Jaber Hossain, A/C No. 861532014325 dated 10.11.18 in the name of Kanchan Bibi, A/C No. 861532014324 dated 10.11.18 in the name of Salam Sk., A/C No. 861532011585 dated 19.10.18 in the name of Firoja Bewa, A/C Nos. 861532013628 dated 22.10.18 , 861532013513 dated 19.10.18 and A/C No.861532014694 dated 19.10.18 in the name of Buliyara Bibi.

       After the date of maturity of those deposits the Complainants demanded the maturity value but the OPs did not pay any heed to their demand. The OPs denied the allegation of demand. Moreover, the OP submits that the case is not maintainable as per provisions of 12(c) of the Consumer Protection Act, 1986.

    The provisions of Section 12(c) of the Consumer Protection Act, corresponse to section 35 (i) (c). The requirements for a complaint U/s 35 (i) (c) are that (i) it can be filed by one or more consumers; (ii) It is filed for or on behalf of numerous consumers having the same interest; and (iii) it requires the permission of the consumer commission.

     In ‘class action’, proceedings are brought by one or more consumers of a class on behalf of numerous consumers who are permitted to do so by the Consumer Commission, if it finds that questions of law or of fact or causes of action are common to the consumers of a class and pre-dominate over questions affecting only individual customers and that there are sufficient number of consumers of that class who are likely to have suffered significant quantam of loss or damage.

     For ‘Class action’, the provisions of rule 8 of Order 1 of the First Schedule to the Code of Civil Proceedure, 1908 should be applied subject to the modification that every reference therein to a suit or degree shall be constitute as a reference to a complaint or order of the District Commission thereon.

       In the instant case, date of maturity of the A/C Nos. of the Complainants are different. And as such the cause of action arose on different dates. Moreover the instant complaint case has been filed without obtaining permission of the District Commission.

    It would not be out of place to mention here that the Complainants have not been taking steps since 30.06.20. Such being the position, we are compelled to dispose of the case on merit.

    In view of the matters discussed above, we are of the view that instant complaint case is liable to be dismissed.

In the result, the Consumer case fails.

 Fees paid are correct. Hence, it is

                                                Ordered

    that the instant complaint case No. CC/64/2019 be and same is dismissed on merit against the OPs but under the circumstances 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

     Dictated & corrected by me.