DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                -ooOoo-

C.D.CASE NO. 42/2022

Smt. Ashalata Samantaray, aged about 50 years,

W/o Late Pradeepta Kishore Samantaray,

Resident of Flat No.A-105, Subhadra Apartment, Nandar Vihar,

Patia, Bhubaneswar, Dist – Khordha – 751024

                                                                   ….     Complainant

                        -Vrs.-

1. The Managing Director, Saharayn Universal Multipurpose

Society Limited, 195, Zone – I, Maharana Pratap Nagar,

Bhopal, Madhya Pradesh – 462011

2. The Managing Director,  Sahara Q Shop Unique Products Range Ltd., 25-28, Floor-2, Plot No-209, Atlanta Building,

Jamnalal Bajaj Marg, Nariman Point, Mumbai, Mumbai City,

Maharastra – 400021

3. Zonal Head, Sahara India Zonal Office, Plot No.50,

Saheed Nagar, Bhubaneswar, Dist – Khordha – 751007

                                                                   …      Opp. Parties

For the complainant      :         Mr. S.Das & Associates (Adv.)

For the O.Ps.                 :         Exparte

DATE OF FILING         :         03/02/2022

DATE OF ORDER        :         01/12/2022

ORDER

K.C.RATH, PRESIDENT

1.       This is an application U/s 35 of the C.P.Act, 2019.

2.       The complainant’s case in brief is that,  on  09/07/2012, Pradeepta Kishore Samantaray, since deceased and Smt. Ashalata Samantaray, who are husband & wife respectively, had deposited a sum of Rs.2,72,550/- with Sahara “Q” Shop Unique Products Range Ltd.,  i.e  the OP.No.2.  On 08/04/2015, Pradeepta Kishore Samantaray, died. After his death, Smt. Ashalata Samantaray, the wife of the deceased, intimated this fact to the OP.2 and claimed the death benefit as well as the maturity amount. But the OP.2 did not respond. On the other hand, in the year 2017, OP.2 re-invested the same amount of Rs.2,72,550/- with Saharayn Universal Multipurpose Society Ltd., i.e. the OP.1,  for a period of 72 months with effect from  18/08/2017. Since the complainant did not get any benefit on the amount deposited by her and her husband in the year 2012, she files this complaint.

3.       On the other hand,  the OPs were set exarte and exparte hearing was taken up.   

5.       Perused the materials on record. The documents filed with this Commission show that,  on 9/7/2012,  Pradeepta Kishore Samantaray deposited a sum of Rs.18,600/- and a sum of Rs.42,100/- with the OP.2 and on 6/7/2012,  Smt. Ashalata Samantaray deposited a sum of Rs.1,06,700/- and Rs.1,05,150/- with the OP.2. The certificates issued to Pradeepta Kishore Samantaray since deceased and  Ashalata Samantaray,  do not reveal the date of  maturity, rate of interest and other benefits available to the depositors under the scheme. Incidentally, in the year 2017,  as Pradeepta Kishore Samantaray died in the year 2015, the entire amount i.e. Rs.2,72,550/- was re-invested with the OP.1 for a period  of 72 months , which is yet to come. The fact remains that ,  from 9/6/2012 & 6/7/2012, certain amount of money was deposited with the OP.2. Although the certificates did not reveal the benefits which were to accrue to the depositors yet , it is a matter of common understanding that,  any deposit must be associated with accrual of interest. Since the principal amount has already been re-invested in the year 2017, what is left is the interest component which the depositors have to get.  In this backdrop,  the complaint   bears  some merit. Hence it is ordered.

ORDER

The complaint is hereby allowed exparte  against the OP.No.2 and dismissed exparte against the OP.Nos.1 & 3.  The OP No.2 is  directed  to pay a sum of Rs.81,765/-  (Rupees eighty-one thousand seven hundred sixty-five) only towards interest  for the deposit received by it from the complainant and her husband since deceased.  The OP. 2  is further directed  to pay an amount of Rs.50,000/-   (Rupees  fifty thousand) only  to the complainant towards  compensation  for mental agony suffered by  her and a further sum of Rs.5000/-  (Rupees five thousand)  only towards litigation expenses.  The order be complied with by the OP No.2   within a period of three months  from the date of communication of this order,   failing which the complainant will be  at liberty to execute the order  against the OP.2 in accordance with law.

The order is pronounced on this day the  1^st December,   2022  under the seal & signature of the President and Member (W)   of the Commission.

                                                                                      (K.C.RATH)    

                                                                                       PRESIDENT

 Dictated & corrected by me

          President                                                                                     

I agree                                                                            

(S.Tripathy)                                                                           

Member (W)                                                                             

Transcribed by Smt. M.Kanungo, Sr.Steno