Date of filing   : 29.04.2014

            Date of S/R         : 11.08.2014

            Date of Order     : 21.08.2015

            Smt. Sonali Kundu

              W/o- Late Shbu Kundu

              106, Banerjee Bagan Lane, P.O.- Salkia, P.S.- Malipanchghora,

               Howrah-711106…………………………………………………………Complainant

                                                Vs.

      1)   The Officer, Sahara India Commercial Corporation Ltd.,

             Command Office, Sahara India Bhawan,

1, Kapoorthala Complex, Lucknow-226024.

        2)  The Branch Manager, Sahara India, situated at

              58, N. S. Road, Kolkata-700001,

          3) The Branch Manager,

Sahara India, situated at

P.O. Kadamtala, P.S.- Bantra, District-Howrah-711101.

P    R    E     S    E    N     T

Hon’ble President  :   Shri  B. D.  Nanda,  M.A. ( double ), L.L.M., WBHJS.

Hon’ble Member      :      Smt. Jhumki Saha.

Hon’ble Member : Shri A.K. Pathak,  L.l.b., ( Retired Railway Officer ).   

            This is an application U/s 12 of the Consumer Protection Act, filed by the Petitioner, Smt. Sonali Kundu praying for order directing the O.P.s to pay the death claim benefit of Rs. 600/- for sixty months with interest as mentioned in the bond and to pay compensation of Rs. 50000/- for physical and mental harassment and Rs. 10000/- as litigation cost.

            The case of the petitioner is that her husband Mr. Sibu Kundu on 01.12.2006 purchased one Sahara Bond being ‘Sahara B’ of Rs. 15000/- and the redemption value was Rs. 30000/- and date of redemption was 01.08.20014.   The O.P. 2 issued the certificate and this petitioner being the nominee was to get  the value of the bond with bonus and others.  The husband of the petitioner died 12 months after receiving the bond and  the petitioner approached the O.P.s for making payment but they did not and so this case is filed.

            The O.P.s appeared in the case and went on talking for compromise but disappeared.  Thus the case is heard exparte. 

            The only point is decided her is whether the petitioner is entitled to get the relief as prayed for ?

Decision with reason

 In support of her case she filed before this Forum lone affidavit in evidence and the certificate issued by the O.P., Sahara Company showing that Rs. 15000/- was fully paid and bonds Sahara ‘D’ issued wherein the redemption value could be available Rs. 30000/- on the date of maturity on 01.08.2014 .  She filed other documents in support of her identity as well as identity of her husband and the death certificate of her husband and all these documents corroborating and confirming the case of the petitioner , proved the case exparte as all the evidences went unchallenged and there is nothing to disbelief the case of the petitioner.

            In view of the above the claim case is succeeded.

            Court  fees paid is correct.

Hence,

                                                            Ordered,

That the Consumer Case No.  259/2014 be and the same is allowed exparte  with cost  of Rs. 10000/- against the O.P.s. 

   The petitioner is entitled to get her relief as prayed for and the O.P.s are directed to pay the death claim benefit of the petitioner on the said bond including interest  @ 9% p.a till realization from this date and to pay compensation of Rs. 20,000/-  within 30 days from the date of this order failing the failing the petitioner  would be at liberty to put the order in execution.

Supply the copy of the order to the parties free of cost. 

Dictated and corrected

by me

     ( B. D. Nanda)

President, C.D.R.F. Howrah