C.F. CASE No.                      :            CC/13/03

COMPLAINANT                  :           Siddhartha Singha

                                    S/o Lt. Sudhir Singha

                                    Vill Sahapara, (Deep Enterprise)

                                    P.O. Bethuadahari, P.S. Nakashipara,

                                    Dist. Nadia, Pin 741126.

• Vs  –

OPPOSITE PARTIES/OPs   : 1)     The Manager,

                                    Sahara India Commercial

                                    Corporation Limited,

                                    Command Office,

                                    Sahara India Centre, 2 Kapoorthala

                                    Complex, Lucknow 226024

                                       2)      Branch Manager

                                    Sahara India Commercial Corporation Limited,

                                    (Plassey Branch)

                                    Vill. Mira Bazar, Station Road,

                                    P.O. Plassey, P.S. Kaliganj, Dist. Nadia

                                    Pin 741157

PRESENT                : SHRI PRADIP KUMAR BANDYOPADHYAY, PRESIDENT

   : SMT REETA ROYCHAUDHURY MALAKAR, MEMBER

DATE OF DELIVERY                                             

OF  JUDGMENT                         :  23^rd April, 2013

:    J U D G M E N T    :

            This is the case under Section 12 of the C.P. Act.

            The facts of the case to put, in a nutshell, is as below:

            Siddhartha Singha deposited Rs. 10,000/- with Sahara India Commercial Corporation Ltd. on 31.03.2001 and Sahara showed redemption value of Rs. 40,000/- on 31.01.12 and the policy matured only Rs. 33,000/- was paid by the OP Sahara India Commercial Corporation Ltd.

            The OP parties bound to pay Rs. 10,000/- which was not paid as per agreement as they are guilty which was caused the OPs are also duty bound to pay 18% interest over Rs. 10,000/- from the date of maturity i.e., 31.08.12.  The petitioner has also claimed Rs. 10,000/- as loss of damages for the ground of mental agony and harassment.

            The opposite parties received notices in this case along with documents on 04.02.13 vide A/D card but thought it fit to link the case undecided.  Hence, by order No. 14, dtd. 14.03.13 the case was fixed for exparte hearing.

            The complainant filed the complaint supported by affidavit and prayed for treating the same as affidavit evidence which was allowed vide order No. 05, dtd. 10.04.13.

            The unchallenged testimony of the complainant, Sri Siddertha Singha along with the documentary evidence, ‘Annexure – 1 to 5’ have proved the facts of the complainant.  Hence, the complainant is entitled to get relief under Section 12 of the CP Act.  Now the question is what relief should be awarded to the complainant to meet the end of justice.  It is a clear case of nonpayment of Rs. 10,000/- by Sahara India Commercial Corporation Ltd. as per contract dtd. 31.03.01.  Interest of Rs. 6% on the same amount has also to be paid from 31.08.12 that means from the date of maturity of the policy (redemption date - ‘annexure-1’).  For harassment and agony at least Rs. 2,000/- should be paid by the Sahara, OPs to the complainant.  The cost shall also be borne by the OP, i.e., Rs. 1,000/-. 

Hence,

Ordered,

That, the case CC/13/03 is allowed exparte. The OP, Sahara India Commercial Corporation Ltd. be directed to pay Rs. 10,000/- plus Rs. 1,000/- as cost plus Rs. 2,000/- as compensation to the complainant by 17.05.2003.  The OP shall also pay the complainant 6% interest of Rs. 10,000/- till the date of repayment. 

Let a copy of this judgment be delivered to the parties free of cost.