The Complainant has filed this case against the OP ’s and prays for the following orders/reliefs :-

1. Direction against the OP’s to pay a sum of Rs. 9,64,400/- to the complainant towards the claim amount.
2. Direction against the OP’s to pay a sum of Rs. 25,000/- to the complainant for his mental & physical harassment.
3. Direction against the OP’s to pay a sum of Rs. 10,000/- to the complainant towards cost of legal proceedings.
4. Any other relief or reliefs which the complainant is entitled as per law.

BRIEF FACT OF THE COMPLAINT

1.  That, the complainant is a peace loving and law abiding citizen as well as a consumer under the Consumer Protection Act, 2019/the mother of the complainant took “Global Four” Scheme from the OP no. 1 under name & style “Saharayn Universal Multipurpose Society Ltd.” Which was the scheme of OP No. 1/ the OP No. 2 is the regional office of the OP No. 1/ OP No. 3 is the office of Area Manager of the OP No. 1 and OP No. 4 is the registered office of the OP No. 1 & OP No. 5 is the Head Office of the OP No. 1.

2. That, the policy was being No. 35700414197 date of purchased 13.08.2018, sum deposited Rs. 1,04,200/-, tenure 110 months date of maturity was on 12.10.2027 or death of policy holder maturity amount Rs. 9,64,400/- nominee was Pintu Dey.
3. That, Smt Chandana Dey died on 26.08.2022 due to cardio respiratory failure.
4. That, the complainant being the Nominee of the said policy approached the OP No. 1 for getting the maturity amount on 02.09.2022/ he submitted all necessary documents to the OP No. 1 as per direction of the OP No. 1.
5. That, the manager of the OP no. 1 had sent email to the complainant in which claim details were mentioned.
6. That, on several occasions the complainant  went to the OP No. 1 but they made no payment to the complainant and there after the OP no. 1 asked the complainant to wait till 26.04.2023 by assigning financial issues.
7. That the OP NO. 2, 3, 4 & 5 are the higher officials of the OP no. 1 and the complainant did not get his claim amount.
8. That, the cause of action of this case arose on 26.08.2022 when the mother of the complainant died which was continued on 02.09.2022 when the complainant  contacted with the OP & for settlement of claim and the same is continued when the complainant had submitted all the documents to the OP’s and the same is continued on 09.11.2022 as the OP’s had sent email to the complainant and  sent all claim related documents in PDF and the same is continued when the OP’s asked the complainant to wait till 26.04.2023 and the said cause of action is still continued as the complainant did not get the claim amount.

In order to prove the case the Complainant has annexed the documents:-

1. Photo copy of Policy Certificate.
2. Photo copy of death certificate.
3. Copy of email.
4. Copy of documents sent as PDF by the OP’s.

Notice was issued from this Commission for serving the same to the OP’s. But despite receiving the notice all the OP’s have not appeared before this Commission to contest this case. Accordingly matter is proceeding ex-parte against all the OP’s.

After perusal of the complaint, documents filed on behalf of the complainant the following points are taken together 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’s  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 sake of convenience and brevity of this case.

In order to prove the case the Complainant has filed written evidence in the form of an affidavit. On the written evidence the complainant has corroborated the statements made in the written complaint. He also stated in his evidence on which day his mother had purchased the policy from the OP no. 1 what was its maturity value and what amount she had paid for purchasing the scheme/ policy. The complainant has further stated that, her mother has died and after her death the complainant being the Nominee of that  policy raised claim with the OP no. 1. But till today the complainant did not get the claim amount.

At the time of argument Ld. Advocate of the Complainant argued that, they have already submitted written notes of argument and stated everything. It is further argument of the complainant that, they have been able to prove the case against the OP’s by adducing evidence.

Having heard the Ld. Advocate of the complainant and on perusal of the evidence as well as documents filed by the complainant it appears that, the complainant has been able to prove the fact that, her mother had purchased the “Global Four Scheme” from the OP no. 1. It is also proved on the side of the complainant that the mother of the complainant had died. The complainant has submitted copy of death certificate before this Commission. The complainant has also been able to prove the fact that after the death of his mother he made a claim with the OP no. 1 for getting death benefit in respect of that policy but the OP’s have not settled the claim of the complainant.

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 its case against the OP’s and the complainant is entitled to get relief as the OP’s are jointly & severally liable to pay the awarded amount to the complainant due to the deficiency of service and unfair trade practice.

Hence, it is therefore,

O R D E R E D

that, the instant Consumer Case being  No. 125/2023 is hereby allowed on ex-parte against the OP’s but in part. The OP’s are directed to pay a sum of Rs. 9,64,400/-(Rupees Nine Lakhs Sixty Four Thousand and Four Hundred  ) only to the complainant towards the death claim of the said Global Four Scheme.  The OP’s  are also directed to pay a sum of Rs. 10,000/-(Rupees Ten Thousand) only to the complainant for causing mental & physical harassment and the OP’s are  further directed to pay a sum of Rs. 10,000/- /-(Rupees Ten Thousand) only to the complainant as cost of legal proceedings. The OP are further directed to pay a sum of Rs. 10,000/- /-(Rupees Ten Thousand) only in the Consumer Legal Aid Account of this Commission.

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

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