The brief facts of the complainants case, is that, the complainants is an Policy Holder of Sahara India Pariwar, Alipurduar Branch(O.P) being Policy Certificate Nos. 465001204953, 925004679570, 925004171315, 925004679569, 925002097705, 925000972999, 925001335810, 925001335811, 925001335812, 925001335813, 925001335814, 925001334331, 465001204994, 465001204995, 465001204661, 465001204996, 605000143401, 605000143400, 925004679620, Dated – 26/08/2016, 17/11/2016, 17/11/2016, 20/10/2016, 10/02/2016, 09/02/2016, 13/05/2016, 13/05/2016, 13/05/2016, 13/05/2016, 13/05/2016, 31/12/2015, 31/08/2016, 31/08/2016, 18/06/2016, 31/08/2016, 09/02/2016, 09/02/2016, 18/11/2016 and he invested total Rs. 3,00,820/- (Rs. 38,895/- + Rs. 9,000/- + Rs. 10,000/- + Rs. 14,000/- + Rs. 15,000/- + Rs. 12,000/- + Rs. 15,000/- + Rs. 15,000/- + Rs. 15,000/- + Rs. 15,000/- + Rs.16,000/- + Rs. 5,000/- + Rs. 15,617/- + Rs. 4,839/- + Rs. 14,000/- + Rs. 20,717/- + Rs. 13,012/- + Rs. 3,845/- + Rs. 5,000/- respectively) in different nineteen policies under the scheme “F64 Golden A Double” and others for a period of 18months, 36 months and 64 months which the O.Ps issued nineteen certificates and the maturity date of the above nineteen policies were on 26/12/2021, 07/05/2018, 18/05/2018, 20/04/2018, 10/08/2017, 09/08/2017, 13/11/2016, 13/11/2017, 30/06/2017, 31/12/2021, 31/08/2016, 18/10/2021, 31/12/2021, 09/02/2019 and the maturity amount was Rs. 77,790/- + Rs. 10,467/- + Rs. 11,630/- + Rs. 16,282/- + Rs. 17,445/- + Rs. 13,956/- + Rs. 17,445/- + Rs.17,445/- + Rs.17,445/- + Rs.17,445/- + Rs.18,608/- + Rs.5,900/- + Rs.15,617/- + Rs.9,678/- + Rs.28,000/- + Rs.41,434/- + Rs.19,986/- + Rs.5,906/- + Rs.5,815/- total Rs. 4,20,636/-. After the date of maturity of the said investments, the complainants went to the office of the O.Ps in several times for withdrawal the maturity amount and lastly on 17/08/2018 the complainants sent a letter to the O.Ps for claim of the maturity amount. Thereafter, in different occasions the complainants went to the office of the O.Ps for getting her maturity amount of the aforesaid investments but the O.Ps did not release the maturity amount nor communicated anything to the complainants. Finding no other alternatives the complainants file this instant case against the O.Ps for claiming the maturity amount of Rs. 4,20,636/- and Rs. 29,242/- for refund in Sahara Q Gold Mart Limited and Rs. 7,500/- p.m. for death benefit and Rs. 50,000/- for his mental agony, tensions and sufferings and Rs.10,000/- for his litigation costs.
The instant case was admitted on 13/10/2022, Order No. 2 and the notice has been issued to the O.Ps Company and it is seen from the case record that the O.P No. 1appeared before this Commission on 07/11/2022 and the other O.Ps did not receive the notice and the postal remarks is ‘addressee left’. After appearing O.P. No 1 did not file any written version in order to contest the case. The O.Ps filed one petition regarding maintainability of the case and the said petition was disposed of against the O.Ps and therefore, the case has been decided to proceed ex-parte against the O.P as per order No. 5 Dated - 04/01/2023.
In support of the case the complainant’s have filed evidence-on-affidavit and written argument.
We have gone through the materials on record very carefully and also perused the documents which are lying on record and also heard argument from the Ld. Advocate of the complainants.
In this context, the following issues are necessarily come up for the proper adjudication of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s. 2(7)(ii) of Consumer Protection Act, 2019 ?
- Has this Commission jurisdiction to try the instant case?
- Is there any deficiency in service on the part of the O.P?
- Is the complainant entitled to get any relief/reliefs as prayed for?
DECISION WITH REASONS
Considering the nature and character of the case all these points are interlinked to each other as such all the points are taken up together for consideration for the sake of brevity and convenience. The case has been filed u/s. 35 of the Consumer Protection Act, 2019 by the complainant.
Point No. 1:- This is admitted that the complainant invested a total sum of Rs. Rs. 3,00,820/- (Rs. 38,895/- + Rs. 9,000/- + Rs. 10,000/- + Rs. 14,000/- + Rs. 15,000/- + Rs. 12,000/- + Rs. 15,000/- + Rs. 15,000/- + Rs. 15,000/- + Rs. 15,000/- + Rs.16,000/- + Rs. 5,000/- + Rs. 15,617/- + Rs. 4,839/- + Rs. 14,000/- + Rs. 20,717/- + Rs. 13,012/- + Rs. 3,845/- + Rs. 5,000/- respectively) under the scheme “F64 Golden A Double” on 26/12/2021, 07/05/2018, 18/05/2018, 20/04/2018, 10/08/2017, 09/08/2017, 13/11/2016, 13/11/2017, 30/06/2017, 31/12/2021, 31/08/2016, 18/10/2021, 31/12/2021, 09/02/2019 for a period of 18 months, 36 months and 64 months. So, there is no hesitation to hold that the complainant is a consumer within the meaning under section 2(7)(ii) of the C.P. Act, 2019.
Point No. 2:- It is seen from this case record as well as the evidence of the complainants that the complainants reside and the office of the O.P No 1 situated within the territorial jurisdiction of this Commission. Therefore, this Commission has territorial jurisdiction to try this case as per section 34(d) of the C.P. Act, 2019.
Point Nos. 3 & 4:- These two points are taken up together for discussions for the sake of convenience and brevity. This is fact that the complainants had invested total amount of Rs. 3,00,820/- (Rs. 38,895/- + Rs. 9,000/- + Rs. 10,000/- + Rs. 14,000/- + Rs. 15,000/- + Rs. 12,000/- + Rs. 15,000/- + Rs. 15,000/- + Rs. 15,000/- + Rs. 15,000/- + Rs.16,000/- + Rs. 5,000/- + Rs. 15,617/- + Rs. 4,839/- + Rs. 14,000/- + Rs. 20,717/- + Rs. 13,012/- + Rs. 3,845/- + Rs. 5,000/- respectively) under the scheme “F64 Golden A Double” on 26/12/2021, 07/05/2018, 18/05/2018, 20/04/2018, 10/08/2017, 09/08/2017, 13/11/2016, 13/11/2017, 30/06/2017, 31/12/2021, 31/08/2016, 18/10/2021, 31/12/2021, 09/02/2019 for a period of 18 months, 36 months and 64 months. After investment O.Ps issued nineteen policy certificates to the complainants. This is also fact that the maturity period of 18 months, 36 months and 64 months were already over on 26/12/2021, 07/05/2018, 18/05/2018, 20/04/2018, 10/08/2017, 09/08/2017, 13/11/2016, 13/11/2017, 30/06/2017, 31/12/2021, 31/08/2016, 18/10/2021, 31/12/2021, 09/02/2019. This is also disputed that the complainants have not yet received any single penny from the O.Ps against this aforesaid investments.
We have looked into the complaint copy, evidence-in-chief and written argument filed by the complainants minutely. It appears that the complainants have deposited the amount on 26/08/2016, 17/11/2016, 17/11/2016, 20/10/2016, 10/02/2016, 09/02/2016, 13/05/2016, 13/05/2016, 13/05/2016, 13/05/2016, 13/05/2016, 31/12/2015, 31/08/2016, 31/08/2016, 18/06/2016, 31/08/2016, 09/02/2016, 09/02/2016, 18/11/2016 and nineteen separate certificates have been issued by the O.Ps in favour of the complainants ( Annexure – I series) and the amount was deposited for the period of 18 months, 36 months and 64 months and the maturity date was 26/12/2021, 07/05/2018, 18/05/2018, 20/04/2018, 10/08/2017, 09/08/2017, 13/11/2016, 13/11/2017, 30/06/2017, 31/12/2021, 31/08/2016, 18/10/2021, 31/12/2021, 09/02/2019. It also appears that after maturity the O.Ps did not return the maturity amount to the complainants and the complainants on several occasions visited the office of the O.P No 1 with a request to payment of maturity amount but all are in vain. All these reveal that the complainants are a bona-fide consumer of the O.Ps and he is entitled to get maturity amount of Rs. 77,790/- + Rs. 10,467/- + Rs. 11,630/- + Rs. 16,282/- + Rs. 17,445/- + Rs. 13,956/- + Rs. 17,445/- + Rs.17,445/- + Rs.17,445/- + Rs.17,445/- + Rs.18,608/- + Rs.5,900/- + Rs.15,617/- + Rs.9,678/- + Rs.28,000/- + Rs.41,434/- + Rs.19,986/- + Rs.5,906/- + Rs.5,815/- total Rs. 4,20,636/- (according to Xerox copies of certificates). There is no reason to disbelieve the unchallenged case of the complainants as the O.Ps did not turn up to contest the same. We find that there is a gross deficiency in service from the side of the O.Ps for nonpayment of the maturity amount. Complainants are hereby entitled to get back the maturity amount from the O.Ps along with 6% interest per annum. The complainants are also entitled to get a sum of Rs. 50,000/- as compensation for his mental agony, tensions, harassment and sufferings and also entitled to get Rs. 10,000/- for his litigation costs.
Accordingly all the points are decided in favour of the complainants against the O.Ps.
Thus all the points are disposed of accordingly.
Hence, for ends of justice; it is;-
ORDERED
that the instant case be and the same is allowed ex-parte with costs against the O.Ps. The complainants do get the award amounting to Rs. 4,20,636/- (Rupees Four Lakh Twenty Thousands Six Hundred Thirty-Six) of the maturity amount for aforesaid nineteen policies along with 6% interest Per annum from the date of maturity till realization and he also do get a further award of Rs. 50,000/- (Rupees Fifty Thousands) for his mental agony, tensions, harassment and sufferings and also Rs. 10,000/- (Rupees Ten Thousand) as litigation costs against the O.Ps; total decreetal amounting to Rs. 4,80,636/- (Rupees Four Lakh Eight Thousands Six Hundred Thirty-Six) excluding interest. The O.Ps (Sahara India) is hereby directed to pay the total decreetal amount along with the interest upon the cost of the maturity amount as stated above till the payment is made to the complainants. The O.Ps are hereby directed to pay the said award to the complainants within 30 days from the day of receiving this order i.d. legal action will be taken against him.
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
Dictated & Corrected by me
