IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/90/2021
Date of Filing: Date of Admission: Date of Disposal:
24.11.2021 06.12.2021 22.04.2024
Complainant: Bijoy Kumar Goswami
S/o- Santiram Goswami,
Vill- Dunigram, P.O.-Atai,
P.S.- Khargram,
Dist- Murshidabad,
Pin-742159
-Vs-
Opposite Party1.Franchisee/ Sector Manager,
Sahara India Nagar (near Post Office),,
Vill- Nagar, P.O.-Nagar, P.S.-Khargram,
Distrct- Murshidabad, Pin-742159
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 : None
Present: Sri Ajay Kumar Das…………………………..........President.
Sri. Nityananda Roy…………………………………….Member.
FINAL ORDER
Sri.ajay kumar das, presiding member.
This is a complaint under section 12 of the CP Act, 1986.
One Bijoy Kumar Goswami (here in after referred to as the Complainant) filed the case against Franchise / Sector Manager, Sahara India Nagar & Anr. (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 invested Rs. 100000/- under Sahara A Select Scheme Vide Membership No. 73861100241 and Certificate No. 361000350822. In spite of proper investment the O.P.s only paid Rs. 20,000/- and denied to pay rest the matured amount.
The complainant visited the Branch Office several times and requested the O.P.s to pay the same for time and again. But all went in vain.
Finding no other alternative the complainant filed the instant case before the District Commission for appropriate relief.
Notices were issued to the O.P.s. From postal A/D Card we find that the O.P.s had received the notice but in spite of that the O.P.s did not appear to contest the case. As a result vide Order No. 5 dated 19.07.2022 this court directed to proceed the case ex-parte. The Complainant filed an application on 10.10.2023 treating the complaint as evidence and accordingly the prayer of the Complainant was allowed.
Considering the materials on record and taking into consideration the facts and circumstances of the case and the photocopies of the documents filed by the complainant, we are of the opinion that the complainant is entailed to get back Rs.80000/- along with interest as per terms and conditions of the scheme.
Reasons for delay
The Case was filed on 24.11.2021 and admitted on 06.12.2021. 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/90/2021 be and the same allowed on ex-parte against the O.P.s under the circumstances without any order as to costs.
The O.P.s are directed to pay the principal amount of Rs. 80000/- along with the interest payable as per the terms and conditions of the scheme issued by O.P.s on production of the original documents within 120 days from the date of passing 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.
