Ld. Advocate(s)

                        For Complainant: Mokbul Rahaman

                        For OP/OPs : None

Date of filing of the case               :19.06.2019

Date of Disposal  of the case        : 17.01.2023

Final Order / Judgment dtd.17.01.2023

The factum of matrix of the case in a nut shell, is that the complainant is a bona fide policy holder of the OP-insurer.

Srimoti Binata Debnath is a complainant and she diposited total sum of Rs. 14,600/- dt. On 28/08/2012  under the scheme namely Q Shop unique product of Sahara Indai Parivar and tenure of this policy in 6 years.

After the date of maturity of this policy plan complainant went to the office Op no. 1 on 12/12/2018 for matured amount but the OP-1 expressed that he is unable to give the maturity value. Thereafter she served legal notice dt. 16/04/2019 through her advocate to the OP No. 1 and copy of the same also has been sent to OP No. 2-4 but the Ops did not pay any heed to the complainant’s request.

Complainant suffered financial loss as well as mental pain and agony hence, she knocked the door of this Commission for justice on 19/06/2019.

After admission of the case notice have served upon Op no. 1 on 28/05/2022, notice have served upon Op no. 2 and 3 on 23/05/2022 and notice has served upon Op no. 4 on 26/05/2022 but from the case record it appears that despite of receiving the same, the Ops did not turn up before this Commission and the case has, as such proceeded ex-parte against the all Ops vide Order No. 17 dt. 20/07/2022. The complainant filed evidence on 28/09/2022 by way of affidavit in support of this case. He also filed original documents from his part. The photo copies of which was filed at the time of initiation of the case. Written notes of argument was filed on 28/11/2022 and oral argument was also done by the side of complainant by her Ld. advocate on record.

DECISION WITH REASONS

Case record reveals that the complainant had been a policy holder in Sahara Q Shop unique product of Sahara India Parivar  28/08/2012 to vide policy Certificate No. 071012976190. Therefore, complainant had been a consumer of insurance benefit from the Ops within the CP Act, 1986  and subject matter of the complaint as under the jurisdiction of this Commission. We also find that cause of action of this case has arisen on 18/04/2019 and complainant has filed this case on  19/06/2019 i.e. within the period of limitation.

Under this facts and circumstance of this case we are of the considered view that the complainant has been able to established his case and thus it is held that the Ops have caused deficiency in service against complainant and to that effect the allegation of adoption of unfair trade practice upon the complainant has been proved.

All the issued are disposed of in favour of the complainant.  

                                        ORDERED

That the instant consumer case No 161/2019 be and the same is allowed ex-parte against the all Ops.

That the all Ops jointly or severally are hereby directed to refund the maturity value of the aforesaid fixed deposit amounting to Rs. 34,310/- ( Thirty four thousand three hundred ten only ) along with further interest @ 9% per annum from the date of maturity of the said fixed deposited i.e from 28/08/2018 to till the actual date of payment to the complainant.

The ops are further directed to make payment of a sum of Rs. 5,000/- ( Five thousand only ) to the complainant for his mental pain and harassment the ops shall also be liable to towards litigation cost to the complainant.

The entire amount by the ops shall be paid in A/C payee cheque within 30 ( thirty ) days from the date of receipt of this order. In case of failure of compliance with this order on the part of the ops, the complainant shall be at liberty to put the case into execution before this Commission as per provision of the consumer protection Act to ensure compliance.

Let a copy of this judgment/ Final order we sent to the ops free of cost at once and to the complainant also.

Dictated & corrected by me

 ............................................

                MEMBER  

(MALLIKA SAMADDAR)                                                                                                                                      

We  concur,

.............................................                                                ……………………………….                                   PRESIDENT              

                                                                                            MEMBER  

   (Shri   dAMAN pROSAD BISWAS,)                                 (NIROD  BARAN   ROY  CHOWDHURY  )