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

                CASE No.  CC/112/2019.

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

   07.08.2019                              19.08.2019                                  18.10.2022   

Complainant: Sonaton Das

                        Durga Dasi

                        Debipur, PO&PS-Jiaganj

                        Dist-Murshidabad

                        Pin-742123

                                                            -Vs-

Opposite Party:  1.Franchisee Manager,

                        Sahara India Pariwar

                        Jiaganj (4120)

                        High School Para, Jiaganj

                        PO&PS-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. Zonal Manager

                        Sahara India Pariwar

                        Sahara India Sadan

                        2A Shakespeare Sarani

                        Kolkata-700071.

Agent/Advocate for the Complainant                        : Self

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

  Sri. Ajay Kumar Das, Presiding Member.

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

            One Sonaton Das (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. 10377818923 and 10377818924 date of maturity 14.07.2017 and the matured amount Rs.13570/- and Rs.13570/- respectively against the scheme Sahara-T 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 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. 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

            This point is taken up for decision. On perusing the complaint and the written version and considering the facts and circumstances of this case, we find that the Complainant is a consumer. This point is thus decided in favour of the Complainant.

Point no. 2 & 3

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

The point to be noted is that 28.09.22 was fixed for hearing of argument but no step was taken by the parties on that day. It is a case of the year 2019 and as such the case was closed fixing 18.10.22 for passing final order on merit.

The complainant claimed matured amount of Rs. 13570/- and Rs. 13570/- from the O.P. Sahara India Pariwar. As per the petition of complaint, the complainant claimed Rs. 27640/- along with his compensation.

From the materials on record, we find that the Complainant has not filed evidence on affidavit. And he has also not filed the original documents in connection with his claim.

Ld. Advocate for the O.P. has stated in his W/V as well as evidence on affidavit that a case is pending before the Hon’ble Supreme Court of India in which all the proceeding of the OP Company has been stayed by the order of the Apex Court. But the complainant has not produced any original documents till date.

Considering the facts and circumstances of the case we are of the view that the complainant has failed to establish his claim. In the result, the instant case is fails.                           

Reasons for delay

The Case was filed on 07.08.19 and admitted on 19.08.19. 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/112/2019 be and the same is dismissed on merit 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