The brief facts of the complainant case, is that, the complainant is an Policy Holder of Sahara India, Alipurduar Branch(O.P) being Policy Certificate Nos. 465000015184, 465000015185, 465000015186, 465000015187, 465000015188, 465000015189, 465000015190 Dated – 28/01/2016 and he invested total Rs. 1,22,792/- (Rs. 21,264/- + Rs. 18,964/- + Rs. 7,187/- + Rs. 22,137 + Rs. 26,104/- + Rs. 13,806/- + Rs. 13,330 respectively) in different seven policies under the scheme “F64 Golden A Double” on 28/01/2016 for a period of sixty four months which the O.P issued seven certificates and the maturity date of the above seven policies was on 28/05/2021 and the maturity amount was Rs. 42,528/- + Rs. 37,928/- + Rs. 14,374/- + Rs. 44,274/- + Rs. 52,208/- + Rs. 27,612/- + Rs. 26,660/-; total Rs. 2,45,584/-. After the date of maturity of the said investments, the complainant went to the office of the O.P in several times for withdrawal the maturity amount and lastly on 02/3/2022 the complainant sent a legal notice to the O.P for claim of the maturity amount. Thereafter, in different occasions the complainant went to the office of the O.P for getting his maturity amount of the aforesaid investments but the O.P did not release the maturity amount nor communicated anything to the complainant. Finding no other alternatives the complainant file this instant case against the O.P for claiming the maturity amount of Rs. 2,45,584/- and Rs. 20,000/- for his mental agony, tensions and sufferings and Rs. 7,000/- for his litigation costs.
The instant case was admitted on 11/04/2022, Order No. 3 and the notice has been issued to the O.P Company and it is seen from the case record that the O.P received the notice and appeared before this Commission on 25/05/2022 but he did not file any written version in order to contest the case. The O.P filed one petition regarding maintainability of the case and the said petition was disposed of against the O.P and therefore, the case has been decided to proceed ex-parte against the O.P as per order No. 9 Dated - 11/11/2022.
In support of the case the complainant has filed evidence-on-affidavit.
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 complainant.
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. 1,22,792/- (Rs. 21,264/- + Rs. 18,964/- + Rs. 7,187/- + Rs. 22,137 + Rs. 26,104/- + Rs. 13,806/- + Rs. 13,330 respectively) under the scheme “F64 Golden A Double” on 28/01/2016 for a period of sixty four 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 complainant that the complainant resides and the office of the O.P 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 complainant had invested total amount of Rs. 1,22,792/- (Rs. 21,264/- + Rs. 18,964/- + Rs. 7,187/- + Rs. 22,137 + Rs. 26,104/- + Rs. 13,806/- + Rs. 13,330 respectively) under the scheme “F64 Golden A Double” on 28/01/2016 on 28/01/2016 for a period of sixty four months. After investment O.P issued seven policy certificates to the complainant. This is also fact that the maturity period of sixty four months was already over on 28/05/2021. This is also disputed that the complainant has not yet received any single penny from the O.P against this aforesaid investments.
We have looked into the complaint copy and evidence-in-chief filed by the complainant minutely. It appears that the complainant has deposited the amount on 28/01/2016 and seven separate certificates have been issued by the O.P in favour of the complainant ( Annexure – I series) and the amount was deposited for the period of sixty four months and the maturity date was 28/05/2021. It also appears that after maturity the O.P did not return the maturity amount to the complainant and complainant on several occasions visited the office of the O.P with a request to payment of maturity amount but all are in vain. All these reveal that the complainant is a bona-fide consumer of the O.P and he is entitled to get maturity amount of Rs. 42,528/- + Rs. 37,928/- + Rs. 14,374/- + Rs. 44,274/- + Rs. 52,208/- + Rs. 27,612/- + Rs. 26,660/-; total Rs. 2,45,584/- (according to Xerox copies of certificates). There is no reason to disbelieve the unchallenged case of the complainant as the O.P did not turn up to contest the same. We find that there is a gross deficiency in service from the side of the O.P for nonpayment of the maturity amount. Complainant is entitled to get back the maturity amount from the O.P along with interest. The complainant is also entitled to get a sum of Rs. 10,000/- as compensation for his mental agony, tensions, harassment and sufferings and also entitled to get Rs. 5,000/- for his litigation costs.
Accordingly all the points are decided in favour of the complainant against the O.P.
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.P. The complainant Sri. Binay Barman do get the award amounting to Rs. 2,45,584/- (Rupees Two Lakh Forty Five Thousands Five Hundred Eighty Four) of the maturity amount for aforesaid seven policies along with 6% interest Per annum from the date of maturity till realization and he also do get a further award of Rs. 10,000/- (Rupees Ten Thousands) for his mental agony, tensions, harassment and sufferings and also Rs. 5,000/- (Rupees Five Thousand) as litigation costs against the O.P; total decreetal amounting to Rs. 2,60,584/- (Rupees Two Lakh Sixty Thousands Five Hundred Eighty Four) excluding interest. The O.P (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 complainant. The O.P is directed to pay the said award to the complainant 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
