West Bengal

Dakshin Dinajpur

CC/19/2021

Smt. Chhabi Das, W/O- Late Satyen Das - Complainant(s)

Versus

The Branch Manager, Sahara India Pariwar, Kamarpara Branch - Opp.Party(s)

Debashis Barman

29 Jun 2022

ORDER

The instant case has been initiated by the complainant U/S – 35 of C.P. Act, 2019 against the Opposite Parties claiming an amount of Rs. 20,820/- + Rs. 20,820/- Total – 41,640/- + Rs.20,000/- as compensation + Rs.10,000/- as litigation cost Grand total RS.71,640/-

The fact of the case, in brief, is that the Complainant on 18.10.2014 opened and entered in to F6 SAHARA H. SHINE Scheme and purchased two Policies of Rs.20,000/- each and the Opposite Parties issued two (2) separate FD Certificate in favour of the Complainant as follows -

(1) Certificate No.             914000083523

    Account No.                  41195100357

    Date of opening            18.10.2014 

    Principal amount           Rs. 10,000/- 

   Date of Maturity            18.10.2020  

    Maturity amount           Rs.20,280/- 

    Membership No.           41191400303 

     Tenure                          72 months.

(2)  Certificate No.            914000083524

      Account No.                41195100358 

      Date of Opening          18.10.2014 

     Principal amount           Rs.10,000/- 

     Date of Maturity           18.10.2020 

      Maturity amount           Rs.20,820/- 

     Membership No.            41191400303  

      Tenure                           72 months. 

After completion of the maturity period, the Complainant approached several times for getting payment of the maturity amount but the Opposite Parties failed to pay the same. Lastly, on 11.02.2021, the Complainant sent a letter through post for payment to the Opposite Parties but they did not pay any heed. Having no alternative, the Complainant filed the instant case for relief.

           Notice was duly served upon the opposite Parties and after receiving the notice, the Opposite Parties appeared before this Commission and filed their single written version.

            By filing written version, the Opposite Parties have denied the material allegation as mentioned in the plaint. The Opposite Parties have submitted that the Complainant is not a consumer as defined under Consumer Protection Act and the relationship between the Opposite Party and the Complainant is debtor and creditor and the transaction between the Opposite Party and the Complainant is a commercial / financial and any grievance on it should be redressed in civil court only and therefore this complaint is not maintainable and is liable to be dismissed. The Opposite Parties have further submitted that there is no deficiency in service on the part of the Opposite Party. Due to dispute with SEBI and the matter is pending before Hon`ble Supreme Court of India. The delay payment is happened as the Apex Court imposed Embargo on the movable and immovable properties of Sahara Group of companies on 21.11.2013. Subsequently, another petition has been filed by the Sahara Group of companies to lift Embargo on the Sahara Group of companies so that they raised money from their assets and their business. But Hon`ble Supreme Court has rejected the petition. So, the Complainant is not entitled to get any remedy. Hence, the present case is liable to be dismissed.

To prove his case, the complainant has filed

(i) Two original FD Certificates of the Scheme.

(ii)  Copy of letter dated 11.02.2021 with postal receipt sent to the   Opposite Parties for payment of his payable amount

          On the other hand, the Opposite Parties have failed to file any document in support of their defense.

In view of the above mentioned facts, the following points are cropped up for consideration -   

              POINTS FOR CONSIDERATION

 

          1.  Whether the Complainant is a consumer to the Opposite Parties?

      2.  Whether there is any deficiency in service on the part of the Opposite parties?

      3.  Whether the Complainant is entitled to get any relief/reliefs as prayed for? 

                                         DECISION WITH REASONS

 

           We have heard argument by Ld. Advocates for the both sides at length. We have also gone through the evidence on affidavit and written argument filed by the both sides.  Perused the other materials on record.  

            At the time of argument Ld. Advocate for the Complainant narrated the fact of the case as mentioned in the plaint. He further submitted that the Complainant is a consumer to the Opposite Parties and there is deficiency in service on the part of the Opposite Parties.  The Complainant has successfully proved his case. So, the Complainant is entitled to get relief as prayed for.

            On the other hand, Ld. Advocate for the Opposite Parties also narrated their defense case as mentioned in the written version. Ld. Advocate further submitted that the Complainant never came to the office of the Opposite Party to draw her payable amount. However, there is some delay to pay the amount due to the Embargo imposed upon the Opposite Parties. The Complainant is not entitled to get compensation because the Opposite Parties never harassed him.           

 Now, let us discuss all the points one by one. 

Point No. 1  

             On perusal of materials on record, it appears that the Complainant is a Policy Holder of Sahara India Pariwar and opened an account no. 41195100357 and 41195100358 bearing membership no.41191400303 and 41191400303 respectively to the Opposite Parties. If that be the so, then it is clear that the Complainant is a consumer to the Opposite Parties according to section (2) (7) of Consumer Protection Act, 2019.         

         Accordingly, this point is decided in favour of the Complainant.  

Point Nos. 2 & 3     

             Both these points are taken up together for discussion for the sake of convenience and brevity.  

           It is an admitted fact that on 18.10.2014, the Complainant opened and entered in to two policy introduced by Sahara India namely F6 SAHARA H SHINE  bearing account nos. 41195100357 & 41195100358 vide Membership no. 41191400303 and 41191400303 respectively and the term of the policies were 72 months. The principal amounts of those two policies were Rs.10,000/- each and the maturity amount of the both the policies were Rs.20,820/- each. Now, after maturity of the said policies, the Complainant requested several times to make payment of the maturity amount but the Opposite Parties failed to do so. 

         In such circumstances, we opine that the Complainant is entitled to get Rs. 41,640/- in total from the Opposite Party along with interest from the expiry date of maturity. The Complainant is also entitled to get litigation cost.

               In view of the above mentioned discussions, it has been established that the Complainant is a bona fide consumer to the Opposite Parties and there is deficiency in service on the part of the Opposite Parties

            Accordingly, both these points are decided in favour of the Complainant. 

Hence, it is

                                                   O R D E R E D

 

          That the Consumer Case No. 19 of 2021 is hereby allowed on contest in part but with cost. 

           The Opposite Parties are directed to pay Rs. 41,640/- only along with an interest @ 8% from 19.10.2020 till the date of realization by issuing an account payee cheque in favour of the Complainant within 45 days. The Opposite Parties are also directed to pay Rs. 5,000/- toward litigation cost failing which the Complainant is at liberty to execute the order as per law.

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