Orissa

Debagarh

CC/18/2019

Birendranath Dwibedy, aged about 61 years, S/O-Late Rebati Mohan Dwibedy - Complainant(s)

Versus

The Branch Manager, Sahara India Pariwar - Opp.Party(s)

18 Sep 2019

ORDER

BEFORE THE COURT OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, DEOGARH

C.C Case No-  18  /2019

Present-  Sri Dipak Kumar Mahapatra, President, Smt. Jayanti Pradhan, Member (W) and Smt. Arati Das, Member.

 

Birendranath Dwibedy, aged about 61 years,

S/O- Late Rebati Mohan Dwibedy,

R/O-At-Purunagarh(Near U.P School),

P.O-Purunagarh, P.S/Dist-Deogarh.

                                                                                                         .....     Complainant

Versus

1. The Branch Manager,

          Shahara India Pariwar,

         At-Kacheri Road, Deogarh,

         PO/PO/Dist-Deogarh.

2. The Regional Manager,

          Life Insurance Corporation of India,

          3, Madhusudan Marg, UNIT- 9,

          Bhubaneswar, Odisha 751001.                                   

3. The Branch Head,

         Sahara Q Shop Unique Product Range Limited,

         Sahara India Bhawan,1, Kapoorthala Complex,

         Aliganj, Lucknow-226024.

4.  Pradipta Kumar Dash,                                                                                                                                                                               Agent/ Cooperative Educator Member of Sahara India,                                                                                                                           At/-Purnagarh (Near Olta Bara),                                                                                                                                                                PO/PS/Dist-Deogarh.

 

          For the Complainant      : -       Nemo

          For the O.P-1                 :-        Sri R.K.Pradhan, Advocate,

         For the O.P-2,3 & 4         :-        None

 

 

           DATE OF HEARING: 13.09.2019, DATE OF ORDER: 18.09.2019

Sri Dipak Kumar Mahapatra, President-Brief facts of the case is that the Complainant being motivated by O.P-4 who is working under the O.P-1, has availed a policy under “Q Shop Plan-H” for a sum of Global Advance Rs.16,800/- on dtd.17.02.2012. According to the Plan the total accumulated LBP benefit will be 2.35 times of Global Advance and based on certain/specific consumption pattern of “Q Shop Plan-H” goods and hospitality products. The policy was matured on dtd. 17.10.2018 and the Complainant on dtd. 19.11.2018 visited the office of the O.P-1 to get refund as per the scheme. But the O.P-1 informed about the ongoing disputes arose with Q-shop plan and the case is pending before the Hon’ble Supreme Court of India at New Delhi regarding this matter. Thereafter the O.P-1 and O.P-4 were convinced the Complainant to change and convert the policy in to some other plan and the Complainant became agree on the suggestion and opened an account in the GOLDEN 24 Scheme under HUMARA INDIA CREDIT COOPERATIVE SOCEITY LIMITED which is a branch of Sahara India. The O.P-4, by the direction of the O.P-1 filled in all the required forms and took the signature of the Complainant in appropriate boxes to initiate the policy. But immediately after completion of all the paper works the O.P-1 suddenly denied to open the same and told that the Complainant has already withdrawn and received the maturity amount against the plan. The Complainant became surprise as he has not withdrawn the amount as the policy bond is still with the Complainant which needs to be submitted at the time of realization of amount after maturity. Again it is not permissible for the O.Ps to make payment without receiving the policy bond from the Complainant. But none of the O.Ps has taken any steps to pay the matured policy amount to the Complainant rather cheated him for which he sustained financial loss due to monopolistic nature and negligent in service by the O.Ps.

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act.1986?
2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?

From the above discussion and materials available on records we inferred that the Complainant is a Consumer as he has availed some policy from the O.P-1. Further it reveals that on repeated requests to pay the amount due the certificates stated as need of the Complainant, retaining the said amount ignoring the request of the Complainant within permissive condition and without responding to the demand of the Complainant and making a false allegation of receipt of maturity amount by the Complainant earlier, it appears the mis-appropriation of the amount and also deficiency in services on the part of the opposite parties towards rendering services. The Opposite parties having collected the amount deposited by the Complainant but failed to discharge his legitimate duty to repay the amount demanded as per the conditions and hence it amounts to “Deficiency in Service”. This matter has been well settled in the case of“Anand Prabhakar Vrs. T.N. Ramanathan Shetty” reported in 2013(1)CLT 575(NC). Hence the O.Ps have committed “Deficiency in Service” and “Unfair Trade Practice” under section 2(1)(o) and 2(1)(r) of the Consumer Protection Act-1986. Hence we order as under:-

 

ORDER

The Complaint petition is allowed. The O.Ps are jointly and severally directed to release the maturity amount relating to the Q-shop Plan-H to the Complainant with interest from the date of maturity till date of actual realization. Further the O.Ps directed to pay Rs. 10,000/-(Rupees Ten Thousand) as compensation and Rs.5,000/- (Rupees Five Thousand) towards the cost of litigation. All the above direction are to be complied within 30 (Thirty) days from receipt of this order, failing which, the complainant is at liberty to proceed in due process of law.   

Order pronounced in the open court today i.e, on 18^th day of September-2019 under my hand and seal of this Forum.

Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.

 I agree,                                               I agree,  

 

MEMBER.(W)                                  MEMBER                          PRESIDENT

                                                Dictated and Corrected

                                                              by me.    

 

                                        

  PRESIDENT