1.                     The brief history of the case of the complainant is that she had opened 3 number of A/cs. with the Ops, two of them are under monthly scheme and one is under fixed deposit scheme as detailed below:-

A/c. Nos.                                  Schemes                                  Total deposits

1. 24223702036                      Sahara.M.Benefit                    Rs.21, 000/- as on 07.11.2014

2. 24224200092                      Sahara.M.Benefit                    Rs.35, 000/- as on 07.11.2014

3. 24223702038                      Sahara.E.Shine                        Rs.10, 000/- w.e.f. 29.06.2011

It is submitted that the complainant is of 80 years old widow and for treatment of her old age ailments, 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 with old age ailments.  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.21, 000/- + Rs.35, 000/- + Rs.10, 000/- with necessary benefits attached to the schemes and to award necessary compensation and cost as the Forum deems fit.

2.                     The Ops filed counter in joint through their A/R and took up preliminary objection that the Forum has no jurisdiction to entertain this case as the complainant has already entered into the arbitration agreement with the Ops at the time of opening the accounts that if any dispute arises between the Company and member of account holder, the matter shall be referred for arbitration and the award given by the sole Arbitrator shall be final and binding on the parties claiming under the proceeding of arbitration.  The Ops in this case admitted about opening of monthly deposit accounts on 29.06.2011 & 04.01.2012 under Sahara. M. Benefit schemes by the complainant continued till 07.11.2014 and fixed deposit of Rs.10, 000/- vide account No.24223702038 on 29.6.2011 but denied about approach of the complainant with necessary documents for verification of the same by the society and release of maturity amount under those accounts.  Thus denying any fault on their part, the Ops prayed to dismiss the case of the complainants.

3.                     The complainant has filed certain documents in support of her case. Heard from the OPs through their 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 29.06.2011 & 04.01.2012 under two accounts (24223702036 & 24224200092) and has deposited monthly premiums up to 07.11.2014 amounting to Rs.21, 000/- & Rs.35, 000/- respectively. Further she has made a fixed deposit under Sahara.E.Shine scheme vide a/c. No.24223702038 for Rs.10, 000/- on 29.06.2011. The complainant has filed copy of passbook/bond No.351000580606. 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.                     The Ops denying the approach of complainant raised a preliminary objection stating that in view of existence of arbitration clause under the scheme, the Forum has no jurisdiction to entertain this case.  Before going into merit of this case, we are inclined to decide the preliminary issue at the first instance.  It is a settled principle of law that, “Arbitration clause in the agreement does not exclude the jurisdiction of the Forum under the Act.  According to Sec.3 of the Act, the remedy provided under the Act is in addition to and not in derogation of the provisions of any other law for the time being in force”.  In absence of any specific bar to other Forums and by virtue of Sec.3 of the C. P. Act, the Forum has got parallel jurisdiction to entertain this case and as such, this case is maintainable in this Forum.  Thus the preliminary issue goes in favour of the complainant.

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 Ops have 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 passbook/bond 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.21, 000/- & Rs.35, 000/- under Sahara.M.Benefit schemes and Rs.10, 000/- under Sahara.E.Shine scheme 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.)