IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/116/2021
Date of Filing: Date of Admission: Date of Disposal:
29.12.2021 10.01.2022 05.08.2024
Complainant:SardaJaiswal
W/o- KapilJaiswal
7thAmiruddinSk Lane,
P.O.-Khagra,
P.S.-Berhampore,
Dist- Murhsidabad,
Pin-742103
-Vs-
Opposite Party1.Franchisee Manager,
Sahara India Pariwar
Opposite to Bank of Baroda,
P.O. & P.S.-Islampour,
District- Murshidabad,
Pin No.- 742304
2. Zonal Manager
Sahara India Pariwar
Sahara India Sadan
2A Shakespeare Sarani,
Kolkata-700071
Agent/Advocate for the Complainant : Srabani Das
Agent/Advocate for the Opposite Parties : SaugataBiswas
Present: Sri Ajay Kumar Das…………………………..........President.
Sri.Nityananda Roy…………………………………….Member.
FINAL ORDER
Sri.ajaykumar das, presiding member.
This is a complaint under section 12 of the CP Act, 1986.
One SaradaJaiswal(here in after referred to as the Complainant) filed the case against Franchise Manager, Sahara India Nimtala Bazar Opposite to Bank of Baroda &Ors.(here in after referred to as the O.P.s) 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 she had investedRs. 42835/- on 03.01.2017 and the matured amount is Rs. 65795/- and the date of maturity is on 03.01.2020 and the O.P. acknowledged the same by issuing the certificate bearing no. 605001650265, the Complainant again invested Rs, 17973/- on 23.12.2016 and the matured amount isRs. 27607/- and the date of maturity is on23.12.2013 Vide Certificate No. 605001646937, the Complainant further invested Rs. 21835/- on 23.12.2016 and the maturity amount is Rs. 33539 /- and the date of maturity is on 23.12.2019 Vide Certificate No. 605001646938 and the Complainant also investedRs. 21000/- on 23.12.2016 and the maturity amount is Rs. 32256 and the date of maturity is on23.12.2019 Vide Certificate No. 605001646939 under Humara India Credit Cooperative Society Limited.
After the date of maturity the Complainant approached the O.P.s for proper redress but they denied the same.
Finding no other alternative the complainant filed the instant case before the District Commission praying for an order directing the Opposite Partiesto pay Rs. 1,59,197/- as maturity amount and Rs. 2,00,000/- towards harassment and mental agony to the complainant.
Defence Case
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 her claim in spite of repeated demands 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. Have the OPs any deficiency in service, as alleged?
3. Is the Complainant entitled to get any relief, as prayed for?
Decision with Reasons:
Point no.1
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 Complainant that he had invested Rs. 42835/- on 03.01.2017 and the matured amount is Rs. 65795/- and the date of maturity is on 03.01.2020 and the O.P. acknowledged the same by issuing the certificate bearing no. 605001650265, the Complainant again invested Rs, 17973/- on 23.12.2016 and the matured amount is Rs. 27607/- and the date of maturity is on 23.12.2013 Vide Certificate No. 605001646937, the Complainant further invested Rs. 21835/- on 23.12.2016 and the maturity amount is Rs. 33539 /- and the date of maturity is on 23.12.2019 Vide Certificate No. 605001646938 and the Complainant also invested Rs. 21000/- on 23.12.2016 and the maturity amount is Rs. 32256 and the date of maturity is on 23.12.2019 Vide Certificate No. 605001646939 under Humara India Credit Cooperative Society Limited.
After the date of maturity the Complainant approached the O.P.s for proper redress but they denied the same.
The point to be noted is that the Complainant filed the complaint on affidavit. In support of her contentions made in the complaint, the Complainant has filed photocopies of the certificate nos. 605001650265, 605001646937, 605001646938 and 605001646939 respectively. It is evident from said photocopy of the certificates that the Complainant had invested said amount under “ Humara India Credit Cooperative Society Limited”as per terms and conditions of the said plan.
Ld. Advocate for the O.P.s has stated in his W/V that no documents had been filed by the complainant in respect of his claim in spite of repeated demands and as such they prayed for dismissal of the case.
Considering the facts and circumstances of the case and the documents filed by the Complainant we are of the view that the Complainant has able to prove her case regarding the investment. As the O.P.s had not returned the due amount to the complainant on demand,here lies the deficiency on the part of the O.P.s So, the Complainant should get the matured amount as per terms and conditions of the certificate issued by the O.P.s on production of the original documents.
Reasons for delay
The Case was filed on 29.12.2021 and admitted on 10.01.2022. 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/116/2021be and the same is allowed on contest 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 totaling Rs. 1,59,197/- (Rs. 65.795/- + Rs. 27,607/- + Rs. 33,359/- + Rs. 32,256/-) on production of the original documents issued by the O.P.s.
The aforesaid order must be complied with within 120 days from the date of passing of this order. If the aforesaid order is not complied with within the stipulated period it will carry an interest @ of 6 per cent per annum from the date of the passing of this order till realization.
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.
