DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI

C.C.NO.79 OF 2022

                                                                                                          Date of Filing: 25.11.2022

                                 Date of Order: 27.02.2023

Sri Digambar Das,

S/O- Ananta Das,

AT- Gudrigaom

PO- Sankarkhole

District-Kandhamal               ……………….. Complainant.

Versus.

The Manager, Sahara India,

PO/PS Phulbani Town,

District-Kandhamal.                     ……….….. Opp. Party

Present: Sri Purna Chandra Mishra    - President.

                        Sri Sudhakar Senapothi          - Member.

For the Complainant: Self

For O.P.                    : Expartee

JUDGEMENT

Sri Sudhakar Senapothi, Member     

          The complainant Sri Digamber Dash has filed this complaint U/s 35 of CP Act 2019 against the O.P alleging deficiency in service and unfair trade practice for non-payment of his maturity value after due date of maturity and praying therein for a direction to the O.P to pay an amount of Rs 3,780/-along with interest @ 7% from the date of deposit till its actualization and to pay an amount of Rs,5,000/- as compensation for causing physical and mental harassment to the  complainant and  Rs.2000/- towards cost of litigation.

1. The fact leading to the case is that the complainant had deposited a sum of Rs.2800/- with the O.P. The maturity of value of which is Rs.3780/- on 31.10.2018. Even though, he is entitled to get back his maturity value, the O.P failed to pay his maturity payments for which, he has filed this case before this Commission with a prayer to issue a direction to the O.P to pay back his maturity value and to pay compensation of Rs.10, 000/-towards harassment meted out to him.
2. The notice is served on OP. Upon notice, the O.P neither appear before this Commission nor file any written version or challenged the allegation raised against him in any manner. Therefore, the Commission proceeded to dispose off the case on its merit.
3. The petitioner in support of his case has filed a copy of the A/c No. 18534801519 of the policy along with petition. The petitioner has not filed any oral evidence in support of his case.
4. It is revealed from the documents on record that the petitioner has actually deposited a sum of Rs. 2800/- which was due for maturity on dtd.31.10.2018 and the maturity value was Rs.3780/- but the OP has failed to payback her maturity amount in time which is a clear act of deficiency in service and unfair trade practice and the OP is liable to compensate the petitioner for the loss incurred by the complainant. Hence the order.

ORDER

          The complaint petition is allowed exparte against the Opposite Party. The O.P is directed to pay back a sum of Rs.3780/-(three thousand seven hundred eighty) only towards maturity value of the complainant under Policy A/c No. 18534801519 with interest @ 7% P.A from the date of maturity till it is paid and is further directed to pay a sum of Rs.5,000/-(five thousand) only towards harassment caused to him. The order shall be complied within a period of 30 days from the date of receipt of this order.

Computerized & corrected by me.

                 I Agree

               PRESIDENT                                          MEMBER

Pronounced in the open Commissioner today on this 27^th day of  February 2023 in the presence of the parties.

                 PRESIDENT                                       MEMBER