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

CASE No.  CC/55/2020

 Date of Filing:           Date of Admission:       Date of Disposal:

    12.03.2020                               11.01.2021                         02.09.2024

Complainant:Matiur Rahaman,

                        S/o Nurul Hossain,

                        Vill- Natunpara, Palitapara,

                        PO-Manikyahar, P.S.-Rejinagar

                        Dist-Murshidabad

                        Pin-742163

                        West Bengal.

-Vs-

Opposite Party:1.Franchisee Manager,

                        Sahara India Pariwar,

                        Mirabazar, Station Road, 1^st Floor,

                        P.O.- Palassy & P.S.- Kaliganj,

                        Dist- Nadia, Pin-741156

                        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 Matiur Rahaman(here in after referred to as the Complainant) filed the case against The Franchisee/Sector Manager Sahara India Pariwar, Mirabazar, Station Road, 1^st Floor& 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. 5000/- on 05.01.2012 with Sahara .E. ShineVide Certificate No. 351002961044 and the said certificate already matured  on 05.01.2020 and the matured amount is Rs. 13060/- and the complainant visited the Branch Office several times and requested the O.P.s to get the matured amount 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 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, 2 & 3

All the points are taken up together for the sake of convenience and brevity of discussion.

Undoubtedly the complainant deposited Rs. 5000/- on 05.01.2012 with Sahara .E. Shine Vide Certificate No. 351002961044 and the said certificate already matured  on 05.01.2020 and the matured amount is Rs. 13060/- and the complainant visited the Branch Office several times and requested the O.P.s to get the matured amount for time and again. But all went in vain.

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.

Having gone through the pleadings of the parties and documents filed by the complainant, we are of the opinion that the complainant is entitled to get back Rs. 13060/- Vide Certificate No. 351002961044 along with compensation of Rs. 1000/- for mental pain and agony.   

Reasons for delay

The Case was filed on 12.03.2020 and admitted on 11.01.2021. 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/55/2020 be 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 Rs. 13060/- (Thirteen thousand sixty rupees only) as claimed for maturity value and Rs. 1000/- (one thousand) for mental pain and agony totaling Rs. 14060/- (Fourteen thousand sixty rupees only) to the Complainant on production of the original documents.

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 5 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.