For Complainant : Self
For OP No.1. : Sri Sunil Kumar Mohanty, Advocate.
For OP No.2 : None.
-x-
1. The brief history of the case of the complainant is that she had opened 3 A/cs. with the Ops, under Sahara M. Benefit monthly scheme as detailed below:-
A/c. Nos. Schemes Total deposits
1. 24224801241 Sahara.M.Benefit Rs.09, 000/- as on 05.06.2013
2. 24224801242 Sahara.M.Benefit Rs.09, 000/- as on 05.06.2013
3. 24224200091 Sahara.E.Shine Rs.17, 500/- as on 04.01.2012
It is submitted that the complainant being in need of money for higher study of her son, she approached the OP.1 to close her above accounts and pay the proceeds thereof. The complainant also demanded her claims by depositing necessary papers with the Ops but the OP.1 is compelling the complainant to reinvest 50% of the maturity value in the Sahara Schemes. The complainant submitted that instead of repeated approach after demands, the Ops are stick up to their stand for which she is suffering mental agony for want of money. Thus alleging deficiency in service and unfair trade practice on the part of the Ops, she filed this case praying the Forum to direct the Ops to refund Rs.9, 000/- + Rs.9, 000/- + Rs.17, 500/- with necessary benefits attached to the schemes and to award necessary compensation and cost as the Forum deems fit.
2. The Ops in spite of valid notice and repeated adjournment did not file counter but Sri S. K. Mohanty, Advocate appeared on behalf of OP.1 through proper Vakalatnama.
3. The complainant has filed certain documents in support of her case. Heard from the OP.1 through its A/R and perused the materials available on record.
4. In this case, it is an admitted fact that the complainant has availed Sahara M. Benefit scheme from the Ops on 05.06.2013, 05.06.2013 & 04.01.2012 under three accounts (24224801241, 24224801241 & 24224200091) and has deposited monthly premiums up to 07.11.2014 amounting to Rs.9, 000/-, Rs.9, 000/- & 17, 500/- respectively. The complainant has filed copy of passbooks. Her case is that she approached Ops to receive maturity amount but the Ops are not paying any heed to the requests of the complainant with different pleas.
5. We have heard from the A/R for the OP No.1 in absence of counter. However, the allegations of the complainant remained unchallenged in view of documents available on record.
6. While coming to the merit of this case, it is seen that the complainant has deposited her money under the schemes as detailed supra. When the complainant needs her money after the moratorium period and at her needs, the Ops have no right to retain the money involved in it. On approach of the complainant, it is obligatory on the part of the Ops to release the benefits forthwith but in this case due to non release of maturity value the complainant has approached this Forum. The Op.1 through his A/R has come up with untenable plea that the complainant has never approached them with necessary papers for release of her money. The complainant has filed 3 Nos. of demand receipts under the seal and signature of OP.1 on 28.02.2017 from which it was ascertained that the complainant has duly demanded the deposits at the time of her need but no money was given to the complainant. Hence non release of amount in favour of the complainant after due demand, in our opinion certainly amounts to unfair trade practice on the part of the Ops. Due to non receipt of deposited amount with benefits, the complainant must have suffered some mental agony but in the peculiar circumstances of the case, we are not inclined to grant any compensation in favour of the complainant except a sum of Rs.2000/- towards cost of this litigation. Further in this case, the OP.1 has issued passbooks and received the amount. Hence the said OP.1 is liable to pay the deposited amount to the complainant with due interest as per scheme till date of payment. The OP No.2 being the head of the Sahara Group is also jointly liable for payment of maturity amount to the complainant.
7. Hence ordered that the complaint petition is allowed in part and the Ops 1 & 2 being jointly and severally liable are directed to refund Rs.9, 000/- & Rs.9, 000/- and Rs.17, 500/- under Sahara.M.Benefit schemes with as usual rate of interest and benefits under the schemes till actual payment and to pay Rs.2000/- towards cost to the complainant within 30 days from the date of communication of this order. If the Ops failed to make payment within the given period, they are to pay Rs.100/- towards compensation per day to the complainant from the date of this order over and above the guaranteed interest under the scheme.
(to dict.)
