West Bengal

Alipurduar

CC/4/2020

Shri Mrityunjoy Dey - Complainant(s)

Versus

SAHARA INDIA - Opp.Party(s)

Tarit Kumar Sarkar

24 Dec 2020

ORDER

In the District Consumer Disputes Redressal Forum
Alipurduar
Madhab More, Alipurduar
Pin. 736122
 
Complaint Case No. CC/4/2020
( Date of Filing : 19 Feb 2020 )
 
1. Shri Mrityunjoy Dey
S/O Manoranjan Dey, Chechakhata,Sibbari, P.O. Alipurduar Junction, P.S. & Dist. Alipurduar, Pin. 736123
...........Complainant(s)
Versus
1. SAHARA INDIA
) The Manager, B.F. Road, Newtown ( Opposite to Matri Bhander Jewllery), P.O. Alipurduar, P.S. & Dist. Alipurduar, W.B., Pin. 736121
............Opp.Party(s)
 
BEFORE: 
 JUDGES Shri Santanu Misra PRESIDENT
 HON'BLE MR. Sri Nirod Baran Roy MEMBER
 
PRESENT:Tarit Kumar Sarkar, Advocate for the Complainant 1
 
Dated : 24 Dec 2020
Final Order / Judgement

The case of the complainant, in short, is that the complainant being satisfied from the advertisement of the O.P invested a sum of Rs. 9,000/- on 12/05/2017 and also invested Rs. 62,000/- on 19/06/2018 upon a contract to get back a sum of Rs. 10,467/- and Rs. 72,106/- on or after maturity on 12/11/2018 and 19/12/2019 respectively from the O.P.             

             

              Thereafter, the O.P issued certificates being Nos. 925006096841 and 925005762653 respectively. The further case of the complainant is that after expiry of the maturity period the complainant had been to the office of the O.P on different occasions and requested the manager to refund the maturity values of those certificates but the O.P did not release the aforesaid maturity amount to the complainant. The complainant sent legal notice upon the O.P but all efforts made by the complainant in vain. Hence, this case filed by the complainant against the O.P with a prayer to direct the O.P to pay the maturity values of Rs. 10,467/- and Rs. 72,106/- with 10% interest on the maturity amount. The O.P also prayed for a sum of Rs. 5,000/- from the O.P towards litigation costs and also the O.P has prayed for a sum of Rs. 10,000/- from the O.P towards his mental agony.        

 

              In the instant case though the O.P has received the notice of this Forum but he did not turned up before this Forum to contest this case. Hence, this case has been proceeded ex-parte against the O.P.                      

           The complainant filed some documents in support of his case.    

 

           The complainant has also filed evidence-in-chief as well as written argument. W                                              

 

              We have gone through the materials on record very carefully and also perused the documents which are lying on record and also heard argument from the Ld. Agent of the complainant.

 

              In this context, the following issues are necessarily come up for consideration to reach just decision of the case.

                                                           POINTS FOR CONSIDERATION

           Is the complainant a consumer u/s.2 (1)(d)(i)(ii) of Consumer Protection Act ?

           Has this Forum jurisdiction to try the instant case?

           Is there any deficiency in service on the part of the O.P?

           To what other relief/reliefs the complainant is entitled?

 

                                                           DECISION WITH REASONS

              On perusal of the materials available in the record it is revealed that the complainant invested a sum of Rs. 9,000/- and 62,000/- to the O.P to which after satisfaction the O.P  issued two certificates being NOs. 925006096841 dated 12/05/2017 and 925005762653 dated 19/06/2018 respectively to the complainant. Thus there is no hesitation to say that the complainant is a bona-fide consumer u/s.2 (1)(d)(i)(ii) of Consumer Protection Act to the O.P. Further the complainant resides of village chechakhata P.O. + Dist. Alipurduar and the office of the O.P situated also at Alipurduar. The total claim amount of the complainant is Rs. 97,573/-. So, this Forum has ample jurisdiction to entertain the case.

              Hence, for ends of justice, it is,

                                                                       ORDERED

              that the instant case be and the same is

           Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.

Dictated & Corrected by me

 
 
[JUDGES Shri Santanu Misra]
PRESIDENT
 
 
[HON'BLE MR. Sri Nirod Baran Roy]
MEMBER
 

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