West Bengal

Dakshin Dinajpur

CC/72/2022

Sri Jay Raj Das, S/O- Madhu Mangal Das - Complainant(s)

Versus

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

Debashis Barman

19 Apr 2023

ORDER

The brief fact of the complaint case is that the complainant is an investor of Sahara India Pariwar under Balurghat sector code No. 6038, Dakshin Dinajpur. The complainant invested the total amount of Rs. 10,000/- in one policy under the scheme of Sahara. E. Shine on 14.11.2013 for a period of 96 months against which the O.P. issued one certificate vide No. 351003310931. After the date of maturity (14.11.2021) of the aforesaid investment the complainant went to the office of the O.P. and submits his prayer for withdrawal of the maturity amount. But the office of the O.P. refused to give the receive copy. Then, the complainant sent his prayer for claim of the maturity amount to the O.P. through the registered post, vide receipt no. EW966772296IN on 03.06.2022.  Thereafter in several occasions the complainant went to the office of the O.P. for getting his maturity amount of the aforesaid investment. But the O.P. was adopting a dilatory tactics to disburse the maturity amount of the policy. Till today the O.P. did not paid the maturity amount to the complainant. Due to the negligent act of the O.P., the complainant files this instant case against the O.P. u/s 35 of C.P. Act 2019 claiming the maturity amount of Rs. 26,120/- along with interest and benefits as per the terms and conditions laid down in the scheme of Sahara –E Shine and compensation of Rs. 10,000/- for mental pain and agony ,Rs 10,000/-as litigation cost.

Notice was issued upon the O.P. and the O.P. entered appearance and contested the case by filing a written version wherein the material averments made in the complaint are denied and it has been contended inter alia that the instant case is not maintainable. It has been submitted by the O.P. that due to some litigation pending with SEBI and the Apex Court regarding the financial transaction of the O.P. group imposed embargo on the movable immovable properties due to which the payment has remained stopped and the O.P. crave leave of this Commission and prays for dismissal of the instant case.  

            In this case complainant has submitted examination in chief supported by affidavit together with original copy of the Certificate and other documents by firisti: -

Sl No.	Certificate No.	Date	Amount	Maturity date	Maturity Amount
1.	351003310931	14.11.2013	Rs.10,000/-	14.11.2021	Rs 26,120/-

 

2. Track Consignment report vide no EW966772296IN dated 03.06.2022.

3. Prayer for withdraw of the maturity amount .

 4. Xerox copy of aadhar card.           

O.P. had also submitted examination in chief of OPW-1 by way of affidavit but no document is submitted on the side of the O.P.     

                       Points for discussion:

 

1. Is the complainant a consumer to the opposite party?
2. Is there any deficiency in service on the part of the opposite party?
3. Is the complainant entitled to get any relief/reliefs as prayed for?

 

                        DECISION  WITH  REASONS

Point No.1 This is admitted fact that complainant invested a total sum of Rs. 10,000/- (rupees ten thousand)only under  the scheme of Sahara E Shine  of the opposite party. So, there is no hesitation to hold that the complainant is a consumer within the meaning under section 2 (7) of Consumer Protection Act 2019.

 Point No.2 & 3 These two issues are taken up together for discussion for the sake of convenience and brevity. This is admitted fact that the complainant had invested total amount of Rs. 10,000/- (rupees ten thousand only) under the scheme of Sahara E Shine of the opposite party on 14.11.2013  for a period of 96 month against which the opposite party duly issued one certificate to the complainant. This is also admitted fact that the maturity period of 96 months was already over on 14.11.2021. This is also not disputed that the complainant has not yet received any single farthings from the O.P. against the aforesaid investment.

We have looked into the complaint, the written version of the O.P. and evidence filed by the parties & the documents filed by the complainant minutely. All these reveal that the complainant is a bona-fide consumer of the O.P. and he is entitled to get maturity amount as per the terms and condition laid down in the scheme of Sahara E Shine which is mentioned in the certificates as maturity amount Rs 26,120/- (rupees twenty six thousand one hundred twenty) only.  But the O.P. have violated the terms and conditions by not paying the maturity amount to the complainant till now and there is no denial of the fact about lack of responsibility in discharging his duty on the part of the O.P. and their lies deficiency in service on the part of the O.P.

Accordingly, all the points are decided in favour of the complainant against the O.P. Thus all the points are disposed of.

Hence, it is

 

                                                             O R D E R E D

             That the Consumer Complaint Case No.72/2022 is allowed on contest in part with cost against the O.P. The Opposite party is directed to pay a sum of Rs 26,120/- (Rupees twenty six thousand one hundred eighty eight) only as maturity value of the invested amount together with interest @ 8% p.a. from the date of maturity till realization by issuing an account payee cheque in favour of the complainant within 45 days from the date of passing this order. The opposite party is further directed to pay Rs.5,000/- as compensation & Rs.3,000/- as litigation cost in default complainant has liberty to execute the order as per law.  

            Let a plain copy of this order be furnished to the parties forthwith free of cost.