BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 7 of 2016
Smti. Kalpana Dhar,
W/O- Sri. Surajit KumarDhar,
Resident of Project E. Road, Ward No.12,
P.S. & District- Hailakandi, Pin- 788151…………………… Complainant.
-V/S-
1. Rose Valley Real Estate & Commercial Ltd.
Silchar, Cachar,Assam……………………………………..… Opp. Party No.1
2. Senior Regional Manager, Rose Valley Real Estate & Commercial Ltd. Barak Region Shillongpatty, (Shyamaprasad Road),
Silchar Town, P.O. & P.S. Silchar…………………………… Opp. Party No.2
3. The Branch Manager, Rose Valley Real Estate & Commercial Ltd. Hailakandi Branch, Bata Chowrangee,
P.O., P.S & District Hailakandi……………………………... Opp. Party No.3
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Mrs. Chandana Purkayastha, Member,
District Consumer Forum,
Cachar, Silchar.
Shri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared :- Mr. Soumen Choudhury, Advocate for the Complainant.
Sri Rajib Kumar Nath, Advocate for the O.P.No.2
None for O.P.No.1
Date of Evidence 27-03-2017
Date of written argument 26-09-2017
Date of judgment 19-04-2017
JUDGMENT AND ORDER
Sri Bishnu Debnath,
The Complainant Smti. Kalpana Dhar subscribed to the scheme ASHIRBAD 3A @ Rs.2,000/- per month under the Rose Valley Real Estate and Construction Ltd. (Referred as O.P.) and obtained allotment certificate No. 1830351. As per the terms and conditions of the scheme he paid 60 monthly installment and O.P. promised to pay Rs.2,11,481/- on the maturity date on 17/11/2014. The complainant accordingly on maturity submitted original policy certificate to the Hailakandi Branch of the O.P. and the O.P. issued receipt slip Sl.No. SRO 330662 with assurance to make payment of maturity amount within 45 days. But O.P. did not make payment rather acknowledging the liability replied with reason for non-payment vide letter No. RV/SIL/NOTICE/2014-15/41618 dated 4/03/2015.
Hence, the Complainant brought this Complaint on being dissatisfied with the reply of the O.P. and prayed for award of directing the O.P. to pay maturity amount of Rs.2,11,481 with interest at theof 18% per annum with effect from the date of maturity together with compensation of ¼th of the principal amount and cost of the proceeding.
The O.P. submitted W/S. In the W/S admitted the liability but cited the inability to make payment the statement of the O.P. is reproduced below:-“14. That the answering opposite parties are bound to make payment towards all the subscribers as per terms and conditions of the policy documents, but due to freezing of all the banks accounts of the Rose Valley Group of Company by the Superintendent of Police, Economic Offences Wing CID, Crime Branch, Bhubneswar the answering Opposite Parties failed to make payment to the eligible subscribers of the Company in time, so the non-payment to the subscribers including the Complainant is not in the hands of the answering Opposite Parties which matter have also informed by the answering Opposite Party No.2 vide his reply vide letter No. RV/SIL/NOTICE/2014-15/4161B dated 04/03/2015 in response to the letter dated 21/02/2015 of the Complainant”.
During hearing the Complainant deposed on oath and submitted written argument. The O.P. side did neither depose nor submit written argument. Of course, the W/S has been submitted supporting an affidavit.
None has argued the case orally. Anyhow, in this case it is admitted fact in view of W/S supporting affidavit that the Complainant purchase policy under scheme ASHIRBAD from O.P. and paid 60 Nos. of installment at rate of Rs.2,000/- per month vide Ext. 2(i) to 2(LXI). It is also admitted fact that the Complainant is entitled maturity amount of Rs.2,11,481/- on 17/11/2014 but the O.P. failed to make payment. The reasons cited by the O.P. may be true but it is the internal matter of the O.P. for which the Complainant has no business with the said issue of freezing of all he Bank Account of the O.P. and it is also not the business of the Complainant to approach the superintendent of Police, Economic Offenders Wing, CID, Crime Branch, Bhubneswar. It is the duty of the O.P. to make arrangement to pay the maturity amount of the said policy to the Complainant with up to date interest from the date of maturity and to make payment, if require may sell the real properties.
As such in this case, I find disservice on the part of the O.P. towards the Complainant. Hence, the O.P. is not only liable to make payment of maturity amount of the aforesaid policy for Rs.2,11,481/- but also liable to pay interest at rate of 10% per annum on the maturity amount with effect from the date of maturity 17/11/2014 and also liable to pay compensation for disservice of Rs.50,000/- and cost of the proceeding of Rs.3,000/-.
The O.P. is asked to make payment of the awarded amount within 45 days from today. If fail further interest at the rate 10% per annum on awarded amount to be added with effect from the date of defaulter.
With the above, this case is disposed of on contest. Supply free certificate copy of Judgment to the parties. Given make my hand and seal of this District Forum on this the 19th day of April, 2018.
