IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/65/2019
Date of Filing: 27.05.2019 Date of Final Order: 20.01.2020
Complainant: YeamilSk S/O- Late AynalSk
Vill. Chhotkaliai,
PO -Jangipur,
PS-Raghunathganj,
District- Murshidabad,
Pin -742213.
-Vs-
Opposite Party: 1.Franchisee Manager,
Sahara India Pariwar, Jangipur (6153)
RaghunathganjHospital Road, Gate No. 1,
PO & PS Raghunathganj,
Dist.- Murshidabad, Pin 742225.
2. Sector Manager,
Sahara India Pariwar
Swarnomoyee Bazar, Station Road,
PS & PO-Berhampore, Pin- 742101.
3. Zonal Manager,
Sahara India Pariwar,
Saraha India Sadan
2A Shakespeare Sarani,
Kolkata- 700071.
Agent for the Complainant : Sri. Mazanoor Rahaman
Agent/Advocate for the Opposite Parties : Sri. SaugataBiswas
Present: Sri. Asish KumarSenapati………………….......President.
Sri. Subir Sinha Ray………………………………….Member.
Smt. Aloka Bandyopadhyay………………………Member.
FINAL ORDER
Sri. Subir Sinha Ray, member
OneYeamil Sk (here in after referred to as the Complainant) filed the case against The Franchisee Manager, Sahara India Pariwar and others (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 Rs43,000/- on 14.03.13 to the OP (Sahara Credit Co-operative Society Ltd.). After receiving the said amount the OP issued certificates in the name of the Complainant
On completion of the term/period, the certificate bearing No. 562 009570581, the Complainant earnestly requested the Franchisee Manager to take step to refund the respective amount but it goes ineffective. The Complainant visited the branch office several times and requested the OP from time and again to refund for the same but all went in vain. Finding no other alternative the Complainant filed the instant case before this Forum for appropriate relief.
OPs are contesting the case by filing W/V 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 which are necessary for liquidation of matured amount . They also stated 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 and as such they prayed for dismissal of the case.
On the basis of the above version the following points are framed for proper adjudication of the case :
Points for consideration
1. Is the complainant a consumer?
2.Have the OPs any deficiency in service, as alleged?
3. Is the Complainant entitled to get any relief, as prayed for?
Point Nos. 1,2& 3
All the points are taken up for consideration for the sake of convenience and brevity.
Undoubtedly, the Complainant deposited “a sum of global advanceRs ( in Figures ).43,000/-”on 14.03.13 in his name with Sahara Credit Co-operative Limited (OP) and the OP issued certificates which reflects that total accumulated LBP benefit will be 2.13/2.26/2.35/3.84/3.97/4.06 times of Global Advance.( vide annexture -1) Advocate for the OPs has referred the order dated 21.11.13 in Civil Appeal No.412/2012 where in the Hon’ble Apex Court says “…….In such circumstances, we direct that the Sahara Group of companies shall not……. with any movable and immovable properties until further orders.”
The order is dated 21.11.13 but OP has not filed the final order without any explanation. It is a long back order. The Complainant is not a party therein and the Hon’ble Apex Court had not stayed the proceedings of this case. So this order has not helped the O.Ps. at all.
It is true that Complainant has deposited Rs.43,000/- in total in the credit of Sahara India Pariwar/Sahara Group on 14/03/2013. So, the O.Ps cannot deny the responsibility to pay the matured amount on the date of maturity. After the maturity of the deposited amount O.P.has not paid the same. Here lies the deficiency of services on the part of the O.Ps.
Having gone through the pleadings of the parties and taking into consideration the arguments put towards by the Complainant and Ld. Advocate for the O.Ps We are of the opinion that the Complainant has able to prove his case. So he is entitled to get matured value of his investment as per terms and condition of investment along with litigation cost.
Reasons for delay
The Case was filed on 27/ 05/19 and admitted on 11.06.19. This Forum 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 order.
In the result, the Consumer case succeeds.
Fees paid are correct. Hence, it is
ORDERED
that the complaint Case No.CC/65/2019 be and the same is hereby allowed on contest with litigation cost of Rs1,000/- against the OPs.
The OPs are further directed to pay the matured amount to the complainant as per the terms of the investment on production of original certificates..
All such order must be complied within 60 days from the date of issuance of this order otherwise it shall carry interest @7% p.a from the date of its maturity till payment payable to the complainant.
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.
