The complainant has filed this case against the OP’s under the provisions of Consumer Protection Act 2019 and praying for the following order /reliefs :

1. Direction against the OP’s to pay a sum of Rs. 6,48,000/-(six lakhs forty eight thousand) only to the complainant as maturity amount.
2. Direction against the OP’s to pay a sum of Rs. 20,592/- (twenty thousand five hundred ninety two) only to the complainant as monthly interest.
3. Direction against the OP’s to pay a sum of Rs. 1,50,000/- (one lakh fifty thousand) only to the complainant towards mental and physical harassment caused by the OP’s to the complainant.
4. Direction against the OP’s to pay a sum of Rs. 1,00,000/- (one lakh) only to the complainant for unfair trade practice.
5.  Direction against the OP’s to pay a sum of Rs. 30,000/- (thirty thousand) only to the complainant as litigation costs.
6.  Any other order/orders which the complainant is legally entitled.

Brief facts of the complaint:

1. The complainant is a consumer under the provisions of the Consumer Protection  Act,  2019.
2. That, the complainant took some policies/ schemes from the OP no. 1 who runs the business as per instruction of the OP no. 2 and OP no.3 who are the Area Manager and Registered Office.
3. That, the complainant took 36 numbers of policies/schemes from the OP no. 1 of which maturity value was of Rs. 6,48,000/- and maturity date was on 28.11.2021.
4. That, the scheme contains a benefit of monthly interest of Rs. 143/- from the starting date till the date of maturity.
5. That, the monthly interest since 28.11.2011 to 28.07.2021 had been paid regularly by the OP’s but since 28.08.2021 the same had been stopped.
6. That, an amount of Rs. 20,592/- became due from the OP’s from 28.08.2021 to 28.11.2021 for above 36 policies/ schemes.
7. That, after maturity of those 36 policies on 28.11.2021 the complainant visited the office of the OP no.1 on several occasions asking for making payment of the maturity amount along with interest but the OP’s paid no heed.
8. That, finding no other alternative the complainant has filed this case and the cause of action of this case arose on 28.11.2021 which was the date of maturity of all 36 policies/schemes of the complainant and the same is continuing till date.
9. That, till today the OP’s make no payment of the maturity amount to the complainant.

Notice was issued from this office which were duly served on the OP’s. On receipt of notice the OP no. 1 appears before this commission through V-nama and filed WV on 19.04.2023. In the WV the OP no. 1 has specifically stated that the complainant has filed this case against the OPs on some false allegation and the complainant is not entitled to get any relief as prayed for. It is also stated in the WV that the complainant has no cause of action to file the instant case and the instant case is not maintainable both in law and fact/the complaint is barred by law of estoppel waiver and acquiescence. It is also alleged by the OP no. 1 that the OPs are unable to make payment as there is an embargo order passed by the Hon’ble Apex Court and the complainant did not produce the original Sahara certificate, KYC before the OPs for internal process for disbursement of payment. They further stated that the complainant is not a consumer as defied under Consumer Protection Act. and the complaint is liable to be dismissed as the said complaint is not maintainable. By filing the WV the OP No. 1 praying for dismissal of this case.

But despite receiving notice the OP’s no. 2 & 3 did not contest this case. Accordingly, the case is proceeding ex-parte against the OP’s No. 2 & 3.

Having heard the Ld. Advocate of the complainant & Ld. Advocate of the OP no. 1 and on perusal of the complaint, documents filed by the complainant, written version of the OP no. 1 the following points are taken up to be considered by this commission.

POINTS FOR CONSIDERATION

1. Whether the complainant is a consumer as per the provision of C.P. Act. ?
2. Whether the case is maintainable in its present form and prayer under the provision of the C.P. Act. ?
3. Whether there is any cause of action to file this case by the complainant?
4. Whether there was deficiency in service on the part of the OP as alleged by the complainant?
5. Is the complainant has able to prove this case and entitled to get any relief as prayed for?

DECISION WITH REASONS 

All the points are taken up together for discussion to avoid unnecessary repetition and for the sake of convenience and brevity of this case.

In order to prove the case the complainant has filed her written deposition in the form of an affidavit. The complainant has also filed the photo copies of documents in support of her case. At the time of argument Ld. Advocate of the complainant submits that they have filed written notes of argument also. He argued that, the complainant has been able to prove the case against the OP’s and the complainant is entitled to get the relief as prayed for as there was deficiency in service on the part of the OP’s who makes no payment of the matured amount of the policies of the complainant.

Opportunity was given to the OP no. 1 for adducing evidence on their behalf to falsify the case of the complainant. But the OP no. 1 neither filed any documentary evidence nor they filed evidence in the form of an affidavit before this commission.

Having heard the argument of the complainant and on perusal of the complaint, evidence of the complainant, written version of the OP no. 1, written notes of argument it reveals that, the complainant has been able to prove the fact that, she is a consumer as per the Provisions of the Consumer Protection Act 2019. From the case record it reveals that the complainant has been able to prove the fact that she purchased 36 number of policies from the OP’s. It is also proved that, the maturity date has already been over but the OP’s makes no payment of the maturity amount to the complainant despite requesting the OP’s.

Considering the unchallenged evidence of the complainant and considering the documents filed by the complainant we are of the view that, the complainant has been able to prove her case against the OP’s and all the OP’s are jointly and severally liable to pay the awarded amount to the complainant.

Hence, it is therefore,

O r d e r e d,

That the instant consumer case being in number Consumer Case being in no. 62/2022 be and same is allowed in part on contest against OP no. 1 and on ex-parte against OP no. 2 & 3.

That OP’s are directed to pay a sum of Rs. 6,48,000/- (six lakhs forty eight thousand) only to the complainant as maturity amount of the policies. The OP’s are also directed to pay a sum of Rs. 20,592/- (twenty thousand five hundred ninety two) only to the complainant towards due interest.

The OP’s are also directed to pay a sum of Rs. 30,000/- (thirty thousand) only to the complainant towards compensation for as well as for deficiency in service and Rs. 5,000/- (five thousand) only to the complainant as litigation costs.

The OP’s are also directed to pay a sum of Rs. 10,000/- (ten thousand) only in the Consumer Legal Aid Account of this commission.

All the OP’s are further directed to pay interest @ 9% per annum to the complainant with effect from the date of maturity i.e. 28.11.2021 till making payment of the entire amount.

The OP’s are directed to pay the awarded amount within 45 days from this day failing which the complainant will have the liberty to take proper steps against the OP’s as per law.

Let a copy of this order given to the complainant free of cost.