Orissa

Sambalpur

CC/71/2021

Karunakar Biswal - Complainant(s)

Versus

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

P.K.Sahu & A.Barad

03 Jan 2023

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

CONSUMER COMPLAINT CASE NO- 71/2021

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Karunakar Biswal,

S/o- Late Iswar Chandra Biswal,

R/o- II/30, P&T Colony, PO/Dist-Sambalpur-768001

At Present At/PO-Sankarma, Ps-Ainthapali

Dist-Sambalpur-768006                                                ...………..Complainant

                                                Versus

The Franchise Manager,

Sahara India Pariwar,

Dhanupali Branch, Dist-Sambalpur-768005                           …………...Opp.Party

 

Counsels:-

  1. For the Complainant      :-          Sri. P.K.Sahu, Advocate & Associates
  2. For the O.P.                     :-          Ex-parte

 

Date of Filing:16.12.2021,  Date of Hearing :05.09.2022,  Date of Judgement : 03.01.2023

   Presented by Dr. Ramakanta Satapathy, PRESIDENT,

  1. The Complainant has taken monthly income Accounts scheme i.e. Sahara K. Money from O.P. vide A/C No. 60525102039, 60525102040, 60525102041, 60525102042, 60525102043, 60525102044 and invested money for Rs. 19,000/- each and A/C No. 60525102045 from Rs. 16,000/- for 5 years w.e.f 01.12.2014 through the agent Sumanta Behera. On 01.12.2019 the accounts were matured. The Complainant on 05.12.2019 submitted the originals and claimed the maturity value through Sumanta Behera. The Complainant received the maturity value of A/C No. 60525102042 and 60525102044. The other accounts maturity value has not been paid by the O.P. After several request also the O.P. remained silent. On 11.02.2021 the Complainant sent a pleader notice but it was in vain. Being harassed the Complainant filed this complaint.
  2. After notice also the O.P. did not turn up, accordingly on 05.09.2022 the O.P. was set ex-parte.
  3. Perused the documents filed by the Complainant. The details are as follows:-

 

 

Sl. No.

Receipt No.

Date of Investment

Maturity Date

Maturity Value

 

  1.  

80428528648

01.12.2014

01.12.2019

Rs. 19,000/-

  1.  

80428528649

01.12.2014

01.12.2019

Rs. 19,000/-

  1.  

80428528651

01.12.2014

01.12.2019

Rs. 19,000/-

  1.  

80428528653

01.12.2014

01.12.2019

Rs. 19,000/-

 

 

 

Total

Rs. 73,000/-

 

The Complainant has not filed the another receipt of Rs. 19,000/- hence the said amount has not been taken into account. The Complainant has also not filed the copy of Advocate notice.

  1. After perusal of the documents it reveals that the Complainant has total claim of Rs. 73,000/- as on 01.12.2019 and the O.P. has not paid the amount. Non-payment of maturity value in time compelled the complainant to knock the door of the Commission. The complaint was filed on 06.12.2021 and taking into consideration on the corona disaster period, the complaint has been admitted condoning the delay. Non-payment of maturity value by the O.P. amounts to deficiency in service and accordingly it is order:
  2.  

The complaint is allowed ex-parte against the O.P. The O.P. is directed to pay Rs. 73,000/- along with 7% interest P.A. w.e.f. 01.12.2019 to the Complainant within one month of this order. In case of non-payment the O.P. shall liable to pay Rs. 50,000/- compensation for harassment and litigation expenses of Rs. 5000/- and total amount will carry 12% interest P.A. till realisation.

Order pronounced in open court on this 3rd day of January 2023.  

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