West Bengal

Murshidabad

CC/122/2020

Debrata Saudagar - Complainant(s)

Versus

Manager, Sahara India Ltd. - Opp.Party(s)

Parijat Ray

19 Sep 2023

ORDER

District Consumer Disputes Redressal Commission
Berhampore, Murshidabad.
 
Complaint Case No. CC/122/2020
( Date of Filing : 03 Dec 2020 )
 
1. Debrata Saudagar
S/o Radhagobinda Saudagar, Beldanga Hareknagar, PO&PS-Beldanga, Pin-742133
Murshidabad
West Bengal
...........Complainant(s)
Versus
1. Manager, Sahara India Ltd.
Beldanga Station Road, PO&PS-Beldanga, Pin-742133
Murshidabad
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. AJAY KUMAR DAS PRESIDENT
 HON'BLE MR. NITYANANDA ROY MEMBER
 
PRESENT:
 
Dated : 19 Sep 2023
Final Order / Judgement

                                                                                                Case No.  CC/122/2020

15

19.09.23

 

 

                 Today is fixed for S/R and order. No step is taken by the Complainant. The record shows that no step was taken by the Complainant on 15.03.21, 28.05.21, 03.11.21, 20.01.22, 11.01.23, 25.04.23, 03.07.23, 15.09.23  and today i.e. on 19.09.23.

The case of the Complainant as per materials on record is that the Complainant is a permanent citizen of India. The OP is a financial organization who uses to collect money from the intending investors with an undertaking to return the same to the depositor along with interest in an inflated form The Complainant being attracted by the offer made by OP invested amount before the OP on daily deposit basis. The Complainant opened four accounts before the OP bearing numbers 61546700487, 61546700488, 61546700489, 61546700490 and the Complainant in those accounts deposited Rs. 32,000/- in total each of Rs. 8,000/-. The tenure of the said accounts was two years and it was the promise on the part of the OP that after two years the OP would return the amount along interest. The Complainant as per terms of the contract deposited the amount in strict compliance of the terms as set out by the OP. The said accounts were opened on 12.05.17 and as per terms of the contract the Complainant after lapse of the stipulated period i.e. 12.05.19 has become entitled to get back the invested amount along with interest and as such the Complainant after 12.05.19 repeatedly requested the OP to make arrangement so that the Complainant could get back the amount but initially the OP assured that the amount would be returned very soon but ultimately even after lapse of the several times the OP did not take positive steps to satisfy the bonafide claim of the Complainant and ultimately on 10.05.20 the OP has refused to return  the amount in favour of the Complainant to which the Complainant is legally entitled. In the meantime the Complainant repeatedly complained of for the deficiency of service on the part of the OP but those were of no effect. Therefore the Complainant being compelled files this case before this forum for proper relief and redressal.

         We peruse the materials on record. In the instant case, that the Complaint was admitted on 27.01.21  and notice was ordered tobe issued upon the OP. S/R of notice was not received for long period. Such being the position, the Complainant was directed to take fresh steps for issuance of notice upon the OP. But the Complainant has not been taking steps. So, it is clear that the notice was not served upon the OP due to negligence on the part of the Complainant. The instant case can not be allowed without hearing the OP. Moreover, considering the facts and circumstances of the case we are of the view that the instant case has no merit as the Complainant is not at all interested in the instant case.

       In view of the matters discussed above we are of the view that the instant case is liable to be dismissed on merit.

In the result, the Consumer case fails.

          Fees paid are correct. Hence, it is

               

                                                                                Ordered

 

that the complaint Case No. CC/122/2020 be and the same is dismissed on merit against the OP.

          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         

 

 

 

 

 
 
[HON'BLE MR. AJAY KUMAR DAS]
PRESIDENT
 
 
[HON'BLE MR. NITYANANDA ROY]
MEMBER
 

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