CASE No.CC/94/2018
Date of Filing: 22.05.2018 Date of Final Order: 21.08.2019
Complainant: Kartick Bitter
S/o Akkari Bitter
of Kandi Natunpara,
PO&PS-Kandi
Dist-Murshidabad
Pin-742137
-Vs-
Opposite Party: 1.Sri Anup Das, The Branch Manager
Sahara Credit Co-op. Society Ltd.
Kandi School Road,
PO&PS- Kandi, Dist-Murshidabad
Pin-742137
2. The Manager, Sahara Credit Co-op Society Ltd.
Regd. Office Sahara India Bhawan
1 Kapoorthala Complex, Aliganj
Lucknow-226024
Agent 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.
This is a complaint under section 12 of the CP Act, 1986.
One Kartick Bitter (here in after referred to as the Complainant) filed the case against The Branch Manager, Sahara Credit Co-op. Society Ltd and others (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 total Rs.18,900/- to the OP, Sahara Credit Co-op. Society through monthly installments from 06.07.2012 to 06.09.2014 in recurring deposit scheme amounting Rs.700/- in each month. He has paid only twenty-seven installments amounting total Rs. 18,900/-. After 06.07.2017, the Complainant earnestly requested the OPs to return the aforesaid amount along with interest.
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 this 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 together for consideration for the sake of convenience and brevity.
On going through the complaint, written version and other materials on record and on a careful consideration over the submission of both sides, we find that the Complainant is a consumer in terms of section 2 (I )(d) (ii) of the C.P. Act, 1986.
The Complainant deposited total Rs.18,900/- to the OPs( Sahara Credit Co-op. Society )through monthly installments from 06.07.2012 to 06.09.2014 in recurring deposit scheme amounting Rs.700/- in each month. He has paid only twenty-seven installments amounting total (27x700)= Rs. 18,900/-. After 06.07.2017, the Complainant earnestly requested the OPs to return the aforesaid amount along with interest.
Ld. Advocate for the OPs has stated that the Hon’ble Supreme Court says that all the proceedings of the OP Company has been stayed. But OPs have not filed any order that the Hon’ble Apex Court had stayed the proceedings of this case.
It is evedient that the Complainant deposited total amount of Rs.18,900/- through monthly instalments and the OPs issued due receipt by entering it in the pass book provided by the OPs through initial of its agent. So the O.Ps cannot deny the responsibility to pay the deposited amount.
Having gone through the pleadings of the parties and taking into consideration the arguments put towards by the Complainant and Ld. Advocate for the OPs. We are of the opinion that the Complainant is entitled to get the amount of Rs.18,900/- along with interest of Rs 5000/-. The Complainant should also get a litigation cost of Rs. 1,000/- along with compensation of Rs. 1,000/- for mental pain and agony.
Reasons for delay
The Case was filed on 22.05.18 and admitted on 18.07.18. 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.
In the result, the Consumer case succeeds.
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No.CC/94/2018 be and the same is hereby allowed on contest with litigation cost of Rs.1,000/- and Compensation of Rs.1,000/- against the OPs.
The OPs are directed to pay Rs.18,900/- along with interest of Rs 5000/- to the complainant..
OPs are further directed to pay Rs. 1,000/- for litigation cost and Rs.1,000/- as Compensation for mental pain and agony.
All such aforesaid orders must be complied within 60 days from the date of this order. In case of failure it shall carry interest @8% per annum from this date to till its realisation.
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.
