Orissa

Jharsuguda

CC/107/2018

Purna Chandra Naik S/O- Munku Naik - Complainant(s)

Versus

SAHARA INDIA LTD - Opp.Party(s)

Self

02 Dec 2021

ORDER

IN THE COURT OF DISTRICT   CONSUMER DISPUTES REDRESSAL COMMISSION, JHARSUGUDA.

                                                          

C.C.NO-107/2018

 

Purna Chandra Naik,

 S/O-Munku Naik,

       R/o- Abankela, P.O-Remanda,

       Ps- Bhasma, Dist : Jharsuguda,

       At present residing at- O.S.AP 2^nd Bn. Jharsuguda,

       Po- O.M.P Line, Ps/Dist : Jharsuguda.                                                  ..……Complainants.

     

Versus

 

1.  Sahara India Ltd.

At- Sahara India Bhawan 1,

Kapoortala Complex, Aliganj,

Lucknow- 226024.

 

2.  Branch manager Sahara India Ltd.,Jharsuguda Branch

At- Bijunagar, Po- Industrial Estate,

Ps/ Dist: Jharsuguda,                                                                        ..…………Opp. Parties.

 

            Counsel for the Parties:-

For the Complainant             :-          Self.               

For the Opp. Party No-1 & 2            :-          None.

 

 Present:-      1. Sri  Dipak Kumar Mahapatra, President.

                         2. Smt. Anamika Nanda, Member (W).

 

Date of Hearing:- 17.11.2021, Date of Order: 02.12.2021

SRI DIPAK KUMAR MAHAPATRA, PRESIDENT:-Brief facts of the case is that, the Complainant has purchased a Bullet 350 vehicle from the O.P-1 on dtd.09.07.2018.The Complainant has deposited an amount of Rs. 24,300/- as Fixed Deposit on dtd. 27.07.2012 with the O.P-2 vide receipt no- 71011813512 in a plan SAHARA Q-SHOP UNIQUE PRODUCTS RANGE LIMITED (Plan-H). The maturity value was RS. 58,000/- having a maturity date on 22.08.2018.After the date of maturity the Complainant asked the O.P-2 to release the maturity amount in his favor but the O.P-2 was became reluctant to release the same.  But after several visits and discussion the O.P-2 released only Rs.50,000/- and kept hold Rs.8,000/- without any reason. The O.P-2 has not issued any receipt towards the retention of Rs.8,000/-with him for which the Complainant is going through financial loss, mental pain, agony and harassment due to such deficiency in service committed by the O.Ps.

The O.P-1 & 2, despite of service of notice they did not bother to appear before this Commission thus challenging the allegations made by the Complainant. So taking it in to consideration as “IT IS A YEAR OLD CASE”, this Commission has rightly decided to dispose the case as well setting the O.P-1 & 2 as ex-parte in this case. Hence hearing conducted exparte under Rule-6 of Order-9 of Civil Procedure Code.

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?

From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumers as he has purchased a SAHARA Q-SHOP UNIQUE PRODUCTS RANGE LIMITED (Plan-H). The maturity mount was for Rs. 58,000/- but the O.P compelled the Complainant to receive Rs.50,000/- and retained Rs. 8,000/- with him unauthorized which amounts to unfair Trade Practice u/s-2(47) of Consumer Protection Act-2019. This matter has been well settled in the case of “Sahara India Pariwar & Anr. vs Shyamwati” decided on 7 February, 2020  by National Consumer Disputes Redressal, New Delhi. Hence we order as under :-

ORDER

The Complaint petition is allowed. The O.Ps are directed to refund the balance amount of Rs.8,000/-to the Complainant with 9% interest  per annum from the date of maturity of the above plan i.e. dtd.22.08.2018 till its realization." The O.Ps are further directed to pay Rs. 30,000/-(Rupees Thirty Thousand) as compensation and Rs. 2,000/- (Rupees Two Thousand) towards the cost of litigation. All the carried out within 30 (Thirty) days of receiving of this order, failing which, the complainant is at liberty to proceed in due process of law.

Order pronounced in the open court today i.e, on 2^nd day of December-2021 under my hand and seal of this Commission.

Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.

                  I agree,

                  MEMBER.                                                                                   PRESIDENT.

                                                              Dictated and Corrected

                                                                                By me.

 

                                                                            PRESIDENT