West Bengal

North 24 Parganas

CC/19/2021

Samir Mazumder, S/o Manindra Lal Mazumder - Complainant(s)

Versus

Mr Subrata Roy, Chairman/Managing Worker Sahara India Bhavan and ors. - Opp.Party(s)

Tapan Kanti Das

24 Nov 2022

ORDER

DCDRF North 24 Paraganas Barasat
Kolkata-700126.
 
Complaint Case No. CC/19/2021
( Date of Filing : 20 Jan 2021 )
 
1. Samir Mazumder, S/o Manindra Lal Mazumder
Sahebpara, NearSonarpur, PS- Sonarpur,Kol- 700150.
...........Complainant(s)
Versus
1. Mr Subrata Roy, Chairman/Managing Worker Sahara India Bhavan and ors.
1, Kapoorthala, Complex, Aligonj, Lucknow 226024, U.P.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Debasish Mukhopadhay PRESIDENT
 HON'BLE MR. Sri Abhijit Basu MEMBER
 HON'BLE MS. Ms. Monisha Shaw MEMBER
 
PRESENT:
 
Dated : 24 Nov 2022
Final Order / Judgement

 

 

 

 

DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C. C.  CASE  NO.19/2021

 

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

          20.01.2021                                   27.01.2021                                        24.11.2022

Complainant/s:-

Samir Mazumder, S/o. Manindra Lal Mazumder, Sahebpara,

Near Sonarpur, P.S. Sonarpur, Dist-South 24 Parganas,

Kolkata-700150.

 

-Vs-

Opposite Party/s:-

1.Mr. Subrata Roy, Chairman/ Managing Worker, Sahara India Bhavan, 1, Kapoorthala Complex, Aligonj, Lucknow-226024,

Uttar Pradesh.

2. Mrs. Swapna Roy, Deputy Managing Worker/Personal and

Welfare, Sahara India Bhavan, 1, Kapoorthala Complex,

Aligonj, Lucknow -226024, Uttar Pradesh.

3. Mr. Om Prakash Srivastava, Deputy Managing Worker/

Controlling and Analysis, Sahara India Bhavan, 1, Kapoorthala Complex, Aligonj, Lucknow -226024, Uttar Pradesh.

4. Mr. Ramesh Chandra Hota Regional Manager, Sahara India

Pariwar, 2/A, Shakespeare Sarani, Kolkata-700071.

5. Mr. Arun Kumar Dey, Regional Manager, Uttar Kolkata,

Sahara India Pariwar, Subhasgarh, 1, Vivekananda Nagar,

Haris Nagar, P.S. Madhyamgram, Kolkata-700130.

 

 

 

P R E S E N T                :-       Shri Debasis Mukhopadhyay…………President.

                                       :-       Smt. Monisha Shaw …………………. Member.

                                      :-        Sri Abhijit Basu……………………….Member

 

JUDGMENT / FINAL ORDER

 

This is a complaint under Section 35 of the C.P. Act, 2019.

 

The complainant stated that the complainant had purchased various policies from the O.Ps on good faith as per the promise made by the opposite parties to the proposer. The complainant on 11.02.2016 had purchased 53 policies worth Rs. 25,79,237/- altogether under the scheme of fixed deposit for a period of 36 months and the date of maturity was 11.02.2019 for all the invested amounts. The complainant mentioned the details of 53 policies as per tables in the complaint. After the maturity date of the policies the complainant made several requests to the branch In-charge for refund of the matured amount in respect of the certificates but the opposite parties did not do so and wrongfully retained the amount. Hence the complainant filed this case for a direction to the opposite parties to refund the invested amount of Rs. 25,79,237/- with interest and damages and also for compensation and cost.

 

The opposite parties did not contest the case and therefore the case was heard exparte.

 

Considering the contentions of the complainant as per the written complaint and the evidence adduced and also the documents filed it is found that the complainant has proved his case that he invested the amount of Rs. 25,79,237/- in 53 policies and maturity amount was 39,61,707/- as on 11.02.2019. The complainant has proved his case exparte and there is no evidence to the contrary to disbelieve the complainant’s case. Therefore, the complainant is entitled to get the decree as prayed for.

 

Hence the case succeeds exparte.

 

Hence

                 It is ordered

 

that the case be and the same is allowed exparte  against the opposite parties.

 

 

Contd/-2

 

 

 

 

C. C.  CASE  NO.19/2021

 

The opposite parties are directed to refund the maturity value of Rs. 39,61,707/- in respect of 53 policies mentioned in the complaint to the complainant along with 6% interest thereon from 12.02.2019 till payment of the same within two months from this date failing which the complainant is at liberty to take steps according to law.

 

Let plain copy of this order be given to the parties free of cost.

Dictated & Corrected by me                      

 

President                                                                                                       President

 

 

Member                                                                                                         Member

 
 
[HON'BLE MR. Debasish Mukhopadhay]
PRESIDENT
 
 
[HON'BLE MR. Sri Abhijit Basu]
MEMBER
 
 
[HON'BLE MS. Ms. Monisha Shaw]
MEMBER
 

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