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

CASE No.CC/75/2018  

 Date of Filing: 27.04.2018                                    Date of Final Order: 10.01.2019

Complainant:  Mohan Sk

S/o Safar Ali

Vill-Ailerupor (Fultala)

PO&PS-Raghunathganj

Dist-Murshidabad

Pin-742225

-Vs-

Opposite Party:  1.Franchisee Manager,

  Sahara India Pariwar, Jangipur (6153)

  Hospital Road, Gate No. 1,

  PO And PS Raghunathganj,

  Dist Murshidabad, Pin 742225.

2. Section 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.

4. Area Manager,

Sahara India Pariwar

Sefali Sadhan S.F. Road,

 PO- Siliguri,

Pin- 734005

Agent for the Complainant                             : Sri. Selim Shaikh.

Agent/Advocate for the Opposite Party         : Sri. Saugata Biswas.

                       Present:   Sri Asish  Kumar Senapati………………….......President.                              

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

FINAL ORDER

 Smt. Aloka Bandyopadhyay,Member.

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

One Mohan 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 Rs.57,600/- to the OP, Sahara India Pariwar through monthly installments on 14.12.11, 29.12.12, 30.04.14 and 18.11.14 amounting Rs.14,400/- each case. He has paid only five installments amounting total Rs.57,600/-. After 15.08.17, the Complainant earnestly requested the OPs to take step for refund of the said respective deposited amount Rs.57,600/- along with interest.

  The Complainant visited the Branch Office several times and requested the OPs to refund the same for time and again. 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 her 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 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 under the provision of the CP Act, 1986?

2. Has 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 taken up for consideration for the sake of convenience and brevity. 

Undoubtedly, the Complainant paid the installment on 14.12.11, 29.12.12, 30.04.14 and 18.11.14 amounting Rs.14,400/- each case.

Ld. Advocate for the OP 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 part with any movable and immovable properties until further order………………..”

The order is dated 21.11.13 but OP has not filed the final order without any explanation. It is long back order. The Complainant is not a party there in and the Hon’ble Apex Court had not stayed the proceedings of this case.

It is true that the Complainant on deposited total amount of Rs.57,600/- and the OP issued due receipt. So it cannot denied the responsibility to pay the deposited the amount.

Having gone through the pleadings of the parties and taking into consideration the arguments put towards by the Complainant and Ld. Advocate for the OP. We are of the opinion that the Complainant is entitled to get the amount of Rs.57,600/-.

Reasons for delay

The Case was filed on 27.04.18 and admitted on 07.05.18. 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/75/2018 be and the same is hereby allowed on contest with litigation cost of Rs.2,000/- against the OPs.

            The Ops are directed to pay Rs.57,600/- along with interest @ 6% per annum from the date of deposit to till payment.

            The Ops are directed to comply the Order within30days from the date of this Order.

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.

             President.                        

        Member                                                                                          President.