IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/19/2021
Date of Filing: Date of Admission: Date of Disposal:
21.06.2021 05.07.2021 09.05.2024
Complainant: Jasimuddin Sk,
S/o Ujir Sekh,
Vill – Beliharpara,,
PS-Saktipur,
P.O.- Sompara,
Dist-Murshidabad
Pin-742163
-Vs-
Opposite Party: 1.Franchisee/ Sector Manager,
Sahara India Pariwar,
K.M.C.I. School Road,
P.O. & P.S.- Saktipur,
Dist-Murshidabad
Pin-742163
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 : Saugata Biswas.
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 Jasimuddin Sk. (here in after referred to as the Complainant) filed the case against The Franchis/Sector Manager Sahara India Pariwar & Anr. (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. 12804/- under Humara India Credit Cooperative Society Limited Vide Hologram No. 992486905724 and Certificate No. 605001653649 dated 23.05.2016. The said certificate matured on 23.05.2019 and the maturity value is 19667/-.
In spite of proper investment the O.P.s denied to pay 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.
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 his claim in spite of repeated demands. 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, 2 & 3
All the points are taken up together for the sake of convenience and brevity of discussion.
As per complaint, the Complainant deposited Rs. 12804/- under Humara India Credit Cooperative Society Limited Vide Hologram No. 992486905724 and Certificate No. 605001653649 dated 23.05.2016. The said certificate matured on 23.05.2019 and the maturity value is 19667/-. In spite of proper investment the O.P.s denied to pay the matured amount.
Ld. Advocate for the O.P.s has stated in the Written Version that the Complainant had not produced any documents in this regard. Having gone through the pleadings of the parties 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 entitled to get back Rs. 19667/- against the Hologram No. 992486905724 and Certificate No. 605001653649 along with compensation of Rs. 1000/- for mental pain and agony
Reasons for delay
The Case was filed on 21.06.2021 and admitted on 05.07.2021. 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/19/2021 be and the same is allowed on contest against the O.P.s under the circumstances without any order as to costs.
The O.P.s are directed to pay Rs. 19667/- ( Nineteen thousand six hundred sixty seven) on production of the original documents
The O.P.s are also directed to pay Rs. 1000/-(One thousand) for mental pain and agony to the complainant.
The aforesaid order must be complied with within 60 days from the date of this order otherwise it shall carry interest at the rate of 6 per cent per annum from the date of this order till compliance.
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.