Sri Ranjan Ray, Ld. Member

FINAL ORDER/ JUDGEMENT

This complaint under the provisions of C.P. Act, 1986 was initially filed against the Opposite Party- 1) Sahara India Commercial Corporation Limited, Command Office- Sahara India Bhawan, 1 Kapoorthala Complex, Lucknow- 226024 [Uttar Pradesh] and Branch Office- Sahara India Pariwar, Sefali Sadan, 1^st Floor, S.F. Road, Siliguri, Pin Code- 734005, West Bengal who contested the case by filing Written Version (W.V.).

          The case of the complainant as per his complaint is as follows-

The complainant had deposited a sum of Rs. 40,000/- (Rupees Forty Thousand) only to the O.P.’s company on 31.03.2000 vide Receipt No. 38380139395 against Account No. / Application No. 108000555785 as per the inducement of Sri Ramesh Jaiswal, the agent/ authorized person of the O.P., having Code No. 4554 under Worker / Collector Code No. 119711053 given by the O.P. and thereafter, on 31.03. 2000 the O.P. issued a final receipt in the name of complainant being Receipt No. 38380139395 and Serial No. 698-38011035 mentioning  the date of Redemption value of Rs. 2,80,000/- (Rupees Two Lakh and Eighty Thousand) only and the Redemption Date was 31.03.2013. The name of the Branch, Sector and Region was also mentioned in the said Receipt as Darjeeling [Cod No.2431], Siliguri and Purnia respectively which was duly signed by the authorized signatory having Emp. Code No. 4198. But on/ after the redemption date when the complainant visited the O.P.’s company at Siliguri to get the redemption amount, i.e. Rs. 2,80,000/- (Rupees Two Lakh and Eighty Thousand) only,  the O.P. did not entertain the complainant. The complainant several times visited the O.P.’s Branch Office but did not get any result. Thereafter, on 28.11.2014 the complainant sent a legal notice to the O.P.’s company but did not get any reply. Finally, having no other alternative the complainant lodged this complainant.     

 The prayers of complainant are as follows: -

1. To pass an order to pay a sum of Rs. 2,80,000/- (Rupees Two Lakh and Eighty Thousand) only together with interest @ 18% per annum to be calculated from 31.03.2013 onwards.
2. To pass an order to pay a sum of Rs. 1,00,000/- (Rupees One Lakh) only to the complainant on account of harassment and other losses which the complainant has suffered.
3. To pass an order to pay a sum of Rs. 50,000/- (Rupees Fifty Thousand) only to the complainant for mental pain and agony.
4. To pass an order to pay interest @18% per annum on the aforesaid amount, till realization.
5. Cost of the proceedings.
6. Any other relief/ reliefs as this Commission may deem fit and proper.

                    List of Documents filed by the complainant:

1. Photocopy of the application for deposit of money.
2. Photocopy and carbon copy of the receipt showing the amount deposited by the complainant to the account of the O.P. Company.
3. Photocopy and original certificate issued by the O.P. company.
4. Computerized copy of legal notice dated 28.11.2014.
5. Original Postal Receipt for issuance of legal notice.
6. Photocopy of Information obtained from the Ld. A.C.J.M., Siliguri in respect of Siliguri P.S. Case No. 245/17, dated 04.04.2017 u/s 420/468/471/120 B of I.P.C.

          Opposite Party (O.P.) - Sahara India Commercial Corporation Limited, Command Office- Sahara India Bhawan, 1 Kapoorthala Complex, Lucknow- 226024 [Uttar Pradesh] and Branch Office- Sahara India Pariwar, Sefali Sadan, 1^st Floor, S.F. Road, Siliguri, Pin Code- 734005, West Bengal who contested the case by filing Written Version (W.V.) and as per his W.V. the O.P. categorically denied all the allegations made by the complainant.   

The O.P. categorically argued in their Written Version (W.V.) that they lodged a written complaint before the O/C Siliguri P.S. against the complainant of this case for submitting the purported, manufactured, forged documents of money receipt No.38380139396 being serial No. 698-38011033 before this Commission.

In the W.V. the O.P. argued that the father of complainant criminally conspired with one Ramesh Jaiswal and manufactured the said forged and purported receipts with forged signature of Mr. G. G. Paul, the then Sector Manager of S.I.C.C.L., Siliguri Sector Office. The O/C Siliguri P.S. took the cognizance of the said offences and started an F.I.R. against Sangita Sharma, the complainant of this case and Ramesh Jaiswal, so called agent and one Raghunath Sharma and the said criminal case has been registered as the Siliguri P.S. Case No. 245/17 dated 04.04.17 u/s 420/468/471/120 B I.P.C. which is pending before the Ld. Chief Judicial Magistrate at Siliguri. The O.P. also submitted to send the said purported and false and forged said money receipts to the Handwriting expert of C.I.D., West Bengal to take out the truth.

List of documents filed by the O.P.:

1. Photocopy of F.I.R., dated 04.04.2017.

Having heard, the Ld. Advocate of the complainant and on perusal of the Complaint, Written Version and documents filed by the parties the following points are taken to be decided by this Commission.

Points for consideration

1) Whether the complainant is a consumer?

2) Whether the case is maintainable under the CP act 2019?

3) Whether this Commission has its jurisdiction to decide this case? 

4) Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?

5) Is the complainant is entitled to get any award and relief as prayed for? If so, what extent?

Decision with reason:-

          All the points are taken up together for consideration and decision.

Seen and perused the complaint petition and Written Version filed by the parties which are supported by the affidavit, documents filed by the parties. We are also heard arguments of the complainant in full length.

The O.P. is carrying his business in Siliguri, Darjeeling. Thus, the Commission has no doubt that as per the Consumer Protection 1986 and Consumer Protection Act- 2019 there is no doubt that this Commission has its territorial jurisdiction to decide this case.

The complainant had deposited a sum of Rs. 40,000/- (Rupees Forty Thousand) only to the O.P.’s company on 31.03.2000 vide Receipt No. 38380139395 against Account No. / Application No. 108000555785 and thereafter, on 31.03. 2000 the O.P. issued a final receipt in the name of complainant being Receipt No. 38380139395 and Serial No. 698-38011035 mentioning  the date of Redemption value of Rs. 2,80,000/- (Rupees Two Lakh and Eighty Thousand) only and the Redemption Date was 31.03.2013. The name of the Branch, Sector and Region was also mentioned in the said Receipt as Darjeeling [Cod No.2431], Siliguri and Purnia respectively which was duly signed by the authorized signatory having Emp. Code No. 4198. But on/ after the redemption date when the complainant visited the O.P.’s company at Siliguri to get the redemption amount, i.e. Rs. 2,80,000/- (Rupees Two Lakh and Eighty Thousand) only,  the O.P. did not entertain the complainant. The complainant several times visited the O.P.’s Branch Office but did not get any result. Thereafter, on 28.11.2014 the complainant sent a legal notice to the O.P.’s company but did not get any reply. Finally, having no other alternative the complainant lodged this complainant.

The O.P. categorically argued in their Written Version (W.V.) that they lodged a written complaint before the O/C Siliguri P.S. against the complainant of this case for submitting the purported, manufactured, forged documents of money receipt No.38380139396 being serial No. 698-38011033 before this Commission. The O.P. also argued that the father of complainant criminally conspired with one Ramesh Jaiswal and manufactured the said forged and purported receipts with forged signature of Mr. G. G. Paul, the then Sector Manager of S.I.C.C.L., Siliguri Sector Office. The O/C Siliguri P.S. took the cognizance of the said offences and started an F.I.R. against Sangita Sharma, the complainant of this case and Ramesh Jaiswal, so called agent and one Raghunath Sharma and the said criminal case has been registered as the Siliguri P.S. Case No. 245/17 dated 04.04.17 u/s 420/468/471/120 B I.P.C. which is pending before the Ld. Chief Judicial Magistrate at Siliguri.

In this instant case, as per the above discussion it is very much clear from the Information obtained from the Ld. A.C.J.M., Siliguri that a P.S. Case No. 245/17, dated 04.04.2017 u/s 420/468/471/120 B of I.P.C. is still pending before the Ld. A.C.J.M., Siliguri and this Commission also finds that a Charge Sheet has been filed against the accused Ramesh Jaiswal.

So, at this stage it will not be justified from the Commission’s point of view to proceed further in this case until and unless the P.C. Case No. 245/17, dated 04.04.2017 will be disposed off or decided.

Hence it is,

ORDERED

That the Consumer Case No. 69/2015 be and same dismissed without cost against the O.P. (Sahara India Commercial Corporation Limited) be same is dismissed without cost against the O.P.

The complainant is giving liberty to file the case after the disposal of P.S. Case No. 245/17, dated 04.04.2017 if the complainant desired so.

          Let a copy of this judgment be given to the parties directly or through their representative Ld. Advocate for compliance free of cost.