West Bengal

Dakshin Dinajpur

CC/28/2021

Mr. Tapan Mahanta, S/O- Ganesh Mahanta - Complainant(s)

Versus

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

Santanu Dey

21 Jun 2022

ORDER

The instant case has been initiated by the complainant U/S – 35 of C.P. Act, 2019 against the Opposite Party claiming an amount of Rs. 98,900/- ( i.e. Principal claim amount Rs.38,900/- + 10.2% per month interest from 19.07. 2018 to till the date of realization ) + Rs.40,000/- as compensation + Rs.20,000/- as litigation cost.

 The fact of the case, in brief, is that the Complainant on 13.08.2012 opened an account vide A/C no. 54115600349 before the Opposite Party vide code no.5411 with a condition to deposit an amount of Rs.800/- per month for a period of 36 months and accordingly the Complainant deposit Rs. 28,800/- as on 18.07.2018 since 30.07.2015. After the date of maturity, the Complainant approached several times for getting the maturity amount but the Opposite Party did not pay the same. Thereafter, the Complainant sent a legal notice to the Opposite Party on 16.07.2021 through registered post but in vain. 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. 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) Original pass book issued by the Opposite Party

(ii) Original letter dated 16.07.2021 with receipt sent to the   Opposite Party for payment of his payable amount

(iii) Photo Copy of Adhar Card.

          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 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 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 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. 54115600349  bearing membership No.54111500233 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) (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 30.07.2015, the Complainant opened and entered in to a policy introduced by Sahara India namely SAHARA ANOKHA  bearing account no. 54115600349 & vide Membership No. 54111500233 and the term of the policy was 36 months and the mode of the monthly premium of the policy was Rs.800/- and the Complainant has  deposited total Rs.28,800/- in total 36 installments to the Opposite Party in “SAHARA ANOKHA “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. 

         Here, it appears that if the Complainant has paid total 36 installments amounting to Rs. 28,800/-. So, the interest on the amount of Rs. 28,800/- is calculated to Rs. 3,716/-. Thus, the Principal amount Rs. 28,800/- + Interest amount Rs. 3,716/- = Rs. 32,516/-. Therefore, we opine that the Complainant is entitled to get Rs. 32,516/- 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 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, it is

                                                                        O R D E R E D

 

           That the Consumer Case No. 28 of 2021 is hereby allowed on contest in part but with cost. 

           The Opposite Party is directed to pay Rs. 32,516/- only along with an interest @ 8% from 19.07.2018 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.