OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Mrs. S.MALLICK & Sri K.K.Mohanty,
MEMBER .
Consumer Complaint No. 82 of 2013
Date of Filling : - 20.11.2013.
Date of Order :- 14.02.2017.
Sri Pratap Ch.GarnaikS/O.Debraj Garnaik,
Vill/P.O.PaIK Purunakote,P.S.Bhusan,Dist.Dhenkanal.
_________________________Complainant.
Vrs.
- Sector Manager,Sahara India Commercial Corporation Ltd.,
Angul Sector Office,At- Madanmohanapada, P.O/P.S/Dist.Angul.
- Sahara India Commercial Corporation Ltd.,
Common Office,Sahara India Bhawan 1,Kapoorthala,
Complex,Lucknow .
- Pratap Behera,S/O.Parama Behera,Vill:-Matiasahi,P.O.Purunagarh,P.S.Bantala,Dist.Angul.
______________________________Opp. parties.
For the complainant :- Sri A.Dash & associates(Advs.)
For the opp.party No. 1 & 2 :- Sri D.K.Pani & associates(Advs.)
For the opp.party No.3 :-Non-appears
: J U D G E M E N T :
Sri D. C. Mishra, President.
The petitioner has filed this case with prayer to direct the opp.party No.1 & 2 to pay the maturity amount of his policy under Sahara Rajat Yojana “Sahara Housing Option-C scheme” initiated on 20.8.2003 along with compensation for deficiency in service and litigation charges.
2. The petitioner case runs thus:-
That on 20.08.2003 he had invested Rs. 10,000.00 vide receipt No. 38601808442 in Sahara Rajat Yojana “Sahara Housing Option-C” and as per the scheme the opp.party No.1 & 2 had assured to supply him a house unit within 10 years or to pay Rs. 25,940.00 on completion of the 10th year. It is alleged that after 10 years of the deposit i.e on and after 20.8.2013 , the petitioner repeatedly approached the opp.party No.1 & 2 to get the maturity amount of Rs. 25,940.00 but on various pleas the opp.party No.1 & 2 deferred the matter and ultimately did not pay the amount. So the petitioner has filed this case.
3. Opp.party No.3 remained Exparte.The opp.party No. 1 & 2 have contested the case by filing written version , admitting that the petitioner had deposited Rs. 10,000.00 with them in Sahara Rajat Yojana “Sahara Housing Option-C scheme” but they have denied all other allegations levelled against them. According to the opp.party No.1 & 2, the petitioner took pre-matured payment of Rs. 13,424.00 only by giving application but suppressing that fact ,he has fraudulently filed this case ,claiming the maturity amount. The opp.party No.1 & 2 have further averred that there is provision in the policy for decision by arbitration , for which this case is not maintainable and the case has been filed after a long delay, for which it is barred by limitation and as the petitioner has already taken pre-matured payment on application, there is no cause of action to file the case. In the above premises the opp.party No.1 & 2 have prayed to reject and dismiss the case with costs and compensation.
4. In view of the rival pleadings of the parties the following issues arise for consideration.
Issues:-
- Whether there is any cause of action to file the case and the case is maintainable ?
- Whether the case is barred by law of limitation ?
- Whether there is consumer and service provider relation between the parties ?
- Whether the opp.party No.1 & 2 being the service providers made deficit in providing service?
- To what reliefs the petitioner is entitled to ?
: F I N D I N G S :
Issue No.(iii):- According to the petitioner he has deposited Rs. 10,000.00 with the opp.party No.1 & 2 on 20.8.2003 vide receipt No. 38601808442 in Sahara Rajat Yojana “Sahara Housing Option-C scheme” and the opp.party No.1 & 2 have admitted the facts in their written version. Thus, there is consumer and service provider relationship between the petitioner and the opp.parties.
Issue No.(iv):- According to the petitioner , the opp.party No.1 & 2 have assured to provide advance for purchase of immovable property or after completion of 10 years they have to pay Rs. 25,940.00 as maturity amount against the deposit. As per the above agreement the opp.party No.1 & 2 are to pay the maturity amount on or after 20.8.2013 but the petitioner alleges that inspite of several approaches the opp.party No.1 & 2 did not pay the maturity amount. The learned defence counsel vehemently argued that on application of the petitioner pre-mature payment of Rs. 13,424.00 was made to him on 31.5.2007 but suppressing this fact, he has approached this forum for illegal gain, for which the case should be out rightly dismissed. Though the opp.party No.1 & 2 have pleaded that on application of the petitioner pre-mature payment of Rs. 13,424.00 was made to his account as full and final payment but astonishingly they have not filed the copy of the application of the petitioner or copy of the payment slip or any documentary evidence in respect of their claim. If at all the petitioner has taken pre-matured payment why the opp.party No.1 & 2 failed to prove the official documents and the copy of the application of the petitioner. In the above premises the plea of the opp.party No.1 & 2 has no force at all and it falls to ground. The plea of the opp.party No.1 & 2 that the petitioner has taken pre-matured payment cannot be accepted, as it is not substantiated by any cogent evidence.
Issue No.(V):- Admittedly the petitioner had deposited Rs. 10,000.00 with the opp.party No.1 & 2 in Sahara Rajat Yojana “Sahara Housing Option-C scheme” for which after 10 years i.e on or after 20.8.2013 he is entitled to get Rs. 25,940.00 from the opp.party No.1 & 2 as maturity amount. Since the opp.party No.1 & 2 did not pay the same, they have to pay the maturity amount Rs. 25,940.00 with 7% simple interest per annum from 21.8.2013 to till actual payment is made .Due to mental agony the petitioner is entitled to get Rs. 5,000.00 from the opp.party No.1 & 2 and Rs. 5,000.00 towards cost of litigation.
Issue No.(i) &(ii) :- Since the opp.party No.1 & 2 didn’t pay the maturity amount of the petitioner, there is cause of action to file the case. Though there is provision for Arbitration but the opp.party No.1 & 2 could not file any document to justify that the case is not maintainable before this forum. It appears that the case has been filed in time, as such not barred by law of limitation.
- Hence ordered:-
: O R D E R :
The case is disposed of on contest against the opp.party No.1 & 2 and exparte against opp.party No.3. The opp.party No.1 & 2 are directed to pay Rs. 25,940.00 (Rupees Twenty-Five Thousand Nine Hundred Forty) only to the petitioner along with simple interest @ 7% p.a from 21.8.2013 till the date of actual payment is made. They are further directed to pay Rs. 5,000.00 (Rupees Five Thousand) towards mental agony and Rs. 5,000.00 (Rupees Five Thousand)only towards litigation cost to the petitioner.
All the above payment shall be made within 45(Forty-Five) days of this order
Order delivered in the open forum
today the 14th February,2017 with hand and seal of this Forum.
Typed to my dictation
and corrected by me Sd/-
(Sri D. C. Mishra)
Sd/- President.
(Sri D. C. Mishra)
President .
Sd/-
(Mrs. S. Mallick)
Sd/- Member.
(Sri K.K.Mohanty),
Member.
