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

                              CASE No.CC/122/2018  

 Date of Filing:            17.07.18                                    Date of Final Order: 05.09.19

Complainant: Dipak Kumar Mitra

S/o Sudhir Kumar Mitra

1No. Sri Krishna Sanyal Lane,

PO-Khagra, PS-Berhampore

Pin-742103

-Vs-

Opposite Party:1. Manager,

Sahara India Region & Service Centre

Swarnomoyee Bazar, Abhudaya Sangha,

PS & PO-Berhampore, Pin- 742101.

  2. Manager,

Sahara India Centre,

2 kapoorthala complex Aliganj

PO&PS- Lucknow

Dist-Lucknow

Pin-226024

Uttarpradesh

Agent/Advocate for the Complainant            : In person.

Agent/Advocate for the Opposite Party         : Sri. Saugata Biswas.

                       Present:   Sri Asish  Kumar Senapati………………….......President.                              

                                         Smt. Aloka Bandyopadhyay……………………..Member.

                                                FINAL ORDER

 Smt. Aloka Bandyopadhyay,Member.

One Dipak Kumar Mitra  (here in after referred to as the Complainant) filed the case against Manager, Sahara India Region & Service Centre, Berhampore and Another (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 60 monthly installments of Rs.1,300/- per month to the OPs. Complainant opened this account on 28.01.13 having its account No. 16104800143 and the Complainant paid the installment on 15.12.17. After 28.12.17 the Complainant requested the OPs to pay the deposited amount with interest but the OPs has not paid the matured amount.                 

            The Complainant visited the Branch Office several times and requested the OPs to refund the same for time and again. But all went in vain. Finding no other alternative the Complainant filed the instant case before this Forum for appropriate relief.

            OPs are contesting the case by filing W/V 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. They also stated that a case is pending before the Hon’ble Supreme Court of India in which all the proceeding of the OP Company has been stayed by the order of the Apex Court and as such they prayed for dismissal of the case.

            On the basis of the above version the following points are framed for proper adjudication of the case :

Points for consideration

1. Isthe Complainant a consumer under the provision of the CP Act, 1986?

2. Has the OPs any deficiency in service, as alleged?

3. Is the Complainant entitled to get any relief, as prayed for?

Point Nos. 1,2 & 3

All the points taken up for consideration for the sake of convenience and brevity. 

Undoubtedly, the Complainant agreed for 60 monthly installments of Rs.1,300/- per month to the OPs. Complainant opened this account on 28.01.13 having its account No. 16104800143 and the Complainant paid the last installment on 15.12.17 and paid 60 installments and on ending of the last installment date i.e. 28.12.17, the Complainant repeatedly requested the OPs for refund of his matured amount but the OPs paid no heed. It is evident from the documents filed by the Complainant that the Complainant has paid 60 agreed installments.

Ld. Advocate for the OP has stated that a case is pending before the Hon’ble Supreme Court of India.  But the OPs have not produced any documents in this regard.

Having gone through the pleadings of the parties and taking into consideration the arguments put towards by the Complainant and considering the documents filed before us. We are of the opinion that the Complainant is entitled to get back Rs.78,000/- along with interest @ 8% per annum on production of the original documents and along with litigation cost of Rs.1,000/- and Rs.1,000/- for harassment.

Reasons for delay

The Case was filed on 17.07.18 and admitted on 31.07.18. This Forum 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 order.

          Fees paid are correct.

            In the result, the Consumer case succeeds. Hence, it is

                                        Ordered

that the complaint Case No.CC/122/2018 be and the same is hereby allowed on contest with litigation cost of Rs.1,000/- against the OPs.

            The OPs are directed to pay to the Complainant an amount of Rs.78000/- along with interest @8% per annum from the date of the last deposit of the amount till the date of this order on production of the original documents.

             The O.Ps are directed to pay a litigation  cost of Rs 1,000/- to the Complainant.              The OPs are further directed to pay Rs.1,000/- as mental pain and agony to the Complainant.

              The aforesaid order must be complied within 60 days from the date of this order otherwise it shall carry the interest @ 5% per annum from the date of this order till compliance payable to the Complainant.

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.

            Member.

 Member                                                                                       President.