The instant case has been initiated by the complainant U/S – 12 of C.P. Act,1986 against the Opposite Party claiming an amount of Rs. 26.000/- + along with Interest & benefit + Compensation of Rs. 5,000/- + Litigation Cost of Rs. 5,000/- (Total Rs. 36,000/-  approx.).

The fact of the case, in brief, is that the Complainant on being attracted with the prospectus and terms and conditions of the Scheme of the Sahara India, on 14.11.2012 the Complainant opened and entered in to RD policy introduced by Sahara India namely  Sahara M. Benefit  under influenced of authorized agent of Sahara India and as per proposal for assurance the scheme has been duly accepted by the Sahara India, bearing account no. 60384201845 & vide membership no. 60381201242  and the terms of the policy was 60 months and the mode of monthly premium of the policy was Rs. 500/-. The date of the opening of the said RD policy was 14.11.2012 and the date of maturity of the said policy was 14.11.2017.  After the commencement of the said policy, the Complainant used to deposit her premium regularly, which was duly acknowledged by the office in acknowledgement book and after receiving the premium, the Opposite Party was duly issued money receipt in favour of the Complainant. But after 52 months the Complainant did not deposit her monthly premium to the Opposite Party. The Complainant has deposited total Rs. 26,000/- in total 52 installments to the Opposite Party in Sahara M. Benefit RD Scheme, vide account no. 60384201845. 

After maturity of the said RD Scheme, the Complainant wanted to withdraw her maturity amount along with interest and other benefits, the Complainant submitted her prayer/ claim before the Opposite Parties on several times but the Opposite Party refused to give receipt copy of her prayer, and the Opposite Party have kept mum in this regard also. Lastly, the Complainant submitted her prayer for claim to the Opposite Party on 25.02.2019 through registered post, vide postal receipt no. EW515002735IN.  Thereafter, on different occasions, the Complainant went to the office of the Opposite Party for getting her maturity amount of her RD policy but on every occasions, the Opposite Party took a new plea and till to date he did not pay the maturity to the Complainant and finally the Complainant became bound to take the shelter of this Commission for getting proper redress.

 Having no alternative the Complainant filed the instant case for relief as prayed in the plaint.

            Notice was duly served upon the opposite Party and after receiving the notice, the Opposite Party appeared before this commission and filed his written version.

            By filing written version, the Opposite Party has denied the material allegation as mentioned in the plaint. The Opposite Party has 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 Party has 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 and so that they raised money from their assets and their business. But Hon`ble Supreme Court has rejected the petition. The Complainant did not purchase any goods or article although she deposited money in that scheme as advance for purchasing goods so, she 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) original pass book of Sahara M Benefit (ii) original receipt sent to the Opposite Party for payment of his payable amount (iii) Money Receipts.

          On the other hand, the Opposite Party has failed to file any document in support of his 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 Party

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

 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 written examination- chief 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 Party and there is deficiency in service on the part of the Opposite Party.  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 Party also narrated his 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 Party. The Complainant is not entitled to get compensation because the Opposite Party never harassed her.           

                 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.60384201845 bearing membership no.60381201242 to the Opposite Party. If that be the so, then it is clear that the Complainant is a consumer to the Opposite Party according to section (2) of Consumer Protection Act,1986 read with 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 14.11.2012, the Complainant opened and entered in to RD policy introduced by Sahara India namely Sahara M. Benefit bearing account no. 60384201845 & vide Membership no. 60381201242 and the term of the policy was 60 months and the mode of the monthly premium of the policy was Rs.500/-. The dated of maturity of the said policy was 14.11.2017. It is also an admitted fact that the Complainant total Rs.26000/- in total 52 installment to the Opposite Party in Sahara M. Benefit Scheme.

            Now, after maturity of the said policy, the Complainant requested several times to make payment of the maturity amount but the Opposite Party failed to do so. 

         Now, as per chart given in the Pass Book if the Principal amount would be Rs.12,000/- then the total maturity amount would be Rs.14783/- on 60 installments but here the Complainant has paid  Rs. 26,000/-  in 52 installments. So, the maturity amount would be Rs.32029.83/-.Therefore, we opine that the Complainant is entitled to get Rs. 32029.83/- in total from the Opposite Party along with interest from the expiry of the 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 Party and there is deficiency in service on the part of the Opposite Party

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

Hence, the case succeeds. 

Hence, it is

                                                O R D E R E D

   That the Consumer Case No. 109 of 2019 is hereby allowed on contest in part but with cost. 

           The Opposite Party is directed to pay Rs.32029.83/- only along with an interest @ 8% from 14.11.2017 till the date of realization by issuing an account payee cheque in favour of the Complainant within 45 days. The Opposite Party is 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.