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

                CASE No.  CC/17/2021

 Date of Filing:                    Date of Admission:                  Date of Disposal:

   21.06.2021                               05.07.2021                                  09.05.2024    

Complainant:  Jasimuddin  Sk,

                        S/o Ujir Sekh,

                        Vill – Beliharpara,,

                        P.S.-Saktipur,

                        P.O.- Sompara,

                        Dist-Murshidabad

                        Pin-742163

-Vs-

Opposite Party:  1.Franchisee/ Sector Manager,

                        Sahara India Pariwar,

                        K.M.C.I. School Road,

                        P.O. & P.S.- Saktipur,

            Dist-Murshidabad

                        Pin-742163

                        2. Zonal Manager

                        Sahara India Pariwar

                        Sahara India Sadan

                        2A Shakespeare Sarani

                        Kolkata-700071

Agent/Advocate for the Complainant             : Srabani Das

Agent/Advocate for the Opposite Parties                  : Saugata Biswas.

           Present:   Sri Ajay Kumar Das…………………………..........President.     

     Sri. Nityananda Roy…………………………………….Member.                              

FINAL ORDER

   Sri.ajay kumar das, presiding member.

   This is a complaint under section 12 of the CP Act, 1986.

One Jasimuddin Sk. (here in after referred to as the Complainant) filed the case against The Franchis/Sector Manager Sahara India Pariwar & Anr. (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 Rs. 19500/- under Sahara M. Benefit Account No. 58395100236 and Membership No. 58391400140 dated 26.02.2014. In spite of proper investment the O.P.s denied to pay the matured amount.

The complainant visited the Branch Office several times and requested the O.P.s to pay the same for time and again. But all went in vain.

Finding no other alternative the complainant filed the instant case before the District Commission for appropriate relief.

Defence Case

 O.P.s are contesting this case by filing written version 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. As such they prayed for dismissal of the case.

On the basis of the complaint and written version the following points are framed for proper adjudication of the case:

Points for decision

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

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

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

Decision with Reasons:

Point no.1, 2 & 3

All the points are taken up together for the sake of convenience and brevity of discussion.

As per complaint, the Complainant deposited Rs. 19500/- under Sahara M. Benefit Account No. 58395100236 and Membership No. 58391400140 dated 26.02.2014. In spite of proper investment the O.P.s denied to pay the matured amount.

Ld. Advocate for the O.P.s has stated in the Written Version that the Complainant had not produced any documents in this regard. Having gone through the pleadings of the parties and taking into consideration the facts and circumstances of the case and the photocopies of the documents filed by the complainant, we are of the opinion that the case of the Complainant is not supported by cogent documentary evidence. However, we are of the opinion that the complainant is entitled to get back  the deposited amount along with interest as per terms and conditions of scheme on production of the original documents.                                 

Reasons for delay

The Case was filed on 21.06.2021 and admitted on 05.07.2021. This Commission 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 orders.

In the result, the Consumer case is allowed.

 Fees paid are correct. Hence, it is

Ordered

that the complaint Case No. CC/17/2021 be and the same is allowed on contest against the O.P.s under the circumstances without any order as to costs.

The O.P.s are directed to return the amount deposited by the Complainant to the Complainant  along with interest as per the terms and conditions of the scheme on production of the original documents

The aforesaid order must be complied with within 60 days from the date of this order otherwise it shall carry interest at the rate of 6 per cent per annum from the date of this order till compliance.

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.

President

 Member                                                                                                                President.