Case No. CC/259/2019
COMPLAINANT : Anchhan Sekh
S/O Neyamat Sekh
Vill. Gobipur Paschimpara
P.O. Harnagar,P.S. Nakashipara,
Dist. Nadia, Pin. 741126.
V-E-R-S-U-S
OPPOSITE PARTIES / OPs 1.Franchise Guardian (Samrat Ghosh)
Santipur Branch
Sahara Q Shop Of Sahara India Parivar,
Santipur Branch Vill. Santipur, P.O. Santipur,
P.S. Santipur, Dist. Nadia, Pin. 741404.
2. Regional Manager,
Sahara Q Shop Of Sahara India Parivar,
Vivekananda Nagar Badamtala (Near Bank Of India) Madhyam Gram Dist. 24 Pgs (n) Kolkata -700130.
3. Chief Manager.(Sahara Sadan)
Sahara Q Shop Of Sahara India Parivar, Jawahar Lal Nehuru Road, Elgin Kolkata 700071, West Bengal.
4. M.D. (Subrata Roy),
Sahara Q Shop Of Sahara India Parivar of
SaharaIndia Bhaban,1, Kapoorthala Complex,
Aligang, Lucknow 226 024.
Ld. Advocate(s)
For Complainant: Mokbul Rahaman
For OP/OPs : None
Date of filing of the case :01.08.2019
Date of Disposal of the case : 31.08.2023
Final Order / Judgment dtd.31.08.2023
This is a case under section 12 of the Consumer Protection act 1986 filed by the aforesaid complainant against the aforesaid opposite parties praying for refund of Rs.27,075/-, interest for the further period, compensation and litigation cost.
Complainant stated in the complaint that he deposited of Rs.11,500/- before the office of OP no.1 under “Sahara Q Shop Unique Products Range Limited scheme and one document was prepared by OP no.1 to that effect and handed over the same to him.
But after maturity date OP no.1 expressed that he is unable to give the maturity value.
Thereafter he served a notice to the OP no.1 through his Ld. Adv. and copy of the same also been sent to OP no. 2-4 but he did not get any fruitful result. Hence he lodged this complaint before this Commission praying for appropriate relief and redressal.
After admission of the aforesaid complaint, notices were issued upon the OPs but neither the OPs nor their representative /representatives came forward before this Commission to contest this complaint case, hence the instant case fixed for ex-parte hearing.
During Ex-parte hearing of this case, complainant produced one original document i.e the deposit certificate relating to aforesaid deposit dtds. 07.09.2012 vide no. 562006792904.
Ld. Adv. for the complainant submitted Affidavit – in – Chief which is unchallenged testimony and brief notes of argument. He also made verbal submission.
We have carefully gone through the aforesaid documents. No doubt regarding genuineness of aforesaid document appeared before us and we think that these documents may be considered.
DECISION WITH REASONS
It is the case of the complainant that on 07.09.2012 he deposited Rs. 11,500/- before the office of OP no.1 in the Sahara Q Shop Unique Products Range Limited Scheme and after lapse of maturity date i.e 07.09.2018 he wanted the maturity value and he went before the office of OP no. 1 for the said purpose but OP no. 1 expressed his inability to refund the matured value.
During hearing Ld. Advocate for the complainant argued that in such a situation he issued a notice dtd. 19.06.2019 under Speed Post to the OP no. 1 requesting him to repay the maturity value of the said deposit and copy of the same also been sent to OP no. 2 to 4 but those notices did not return before him within a reasonable period which compelled him to believe that those notices have been properly served upon aforesaid OPs.
We also find from the document on record that OP no.1 is the representative of OP no. 2-4. We also find that complainant is the consumer under the OPs within the purview of C.P.Act 1986 and subject matter of the complaint is under the jurisdiction of this commission. We also find that cause of action of this case has arisen on 22.06.2019 and complainant has filed this case on 01.08.2019 i.e within the period of limitation.
Considering the materials on record and in view of the aforesaid discussion we do not find any reason to disbelieve the aforesaid contention of the complainant. So we are of the opinion that complainant deposited the aforesaid sum before the OPs but they avoided to return the maturity value to the complainant. So it is held that OPs have jointly or severally and willfully neglected to return the maturity value of aforesaid fixed deposit amount to the complainant.
So we are of the further view that complainant has able to establish his grievance against the OPs before this Commission which amount to deficiency of services on the part of OPs under the purview of C.P.Act 1986.
Accordingly we are of the opinion that complainant is entitled to relief as per his prayer.
In the result petition of the complainant succeeds.
Hence, it is
ORDERED,
That the present case be and the same is allowed ex-parte against the OPs With cost of Rs. 3,000/- to be paid by the OP no. 1-4 in favour of the complainant.
That the OPs no 1-4 jointly or severally are hereby directed to refund the maturity value of the aforesaid fixed deposit amounting to Rs.27,075-/ (twenty seven thousand twenty seven) along with further interests @ 9 % per annum from the date of maturity of the said fixed deposits i.e from 07.09.2018 to till the actual date of repayment to the complainant.
OP no. 1-4 are further directed to pay compensation amounting to
Rs.3, 000/- to the complainant for his harassment, mental pain and agony.
OP no.1-4 are further directed to pay aforesaid awarded amount within 45 days from the date of order to the complainant, failing which complainant shall have liberty to put this order into execution.
Let a plain copy to this final order be supplied to the complainant free of cost.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We, concur,
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MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY ) (MILLIKA SAMADDAR)
