Orissa

Cuttak

CC/127/2024

Dasy Rout - Complainant(s)

Versus

Authorised Signatory, Humara India Credit Cooperative Society limited - Opp.Party(s)

S Swain & associates

01 Aug 2024

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION, CUTTACK.

C.C.No.127/2024

 

Dasy Rout,

W/o: Late Ajaya Rout,

At:Shankarpur(Nua Sahi),

P.O:Arunodaya Market,

P.S:Badambadi,Dist:Cuttack,Pin-753012.                   ... Complainant.

 

          Vrs.

 

Authorized Signatory,

Humara India Credit Co-operative Society Limited,

Regd. Office:Mangal Jyoti,101,227/2,

AJC Bose Road,Kolkata,West Bengal-700020.          ...Opp. Party.

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    20.04.2024

Date of Order:  01.08.2024

 

For the complainant:             Mr. S.Swain,Adv. & Associates.

For the O.P                :             None.

 

Sri Sibananda Mohanty,Member.                                    

          The case of the complainant in short is that being persuaded by the O.P  her deceased husband, Ajay Rout during his life time had invested a sum of Rs.16,000/- vide Fixed Deposit Certificate No.465004442713 having Account No.56936900222  in a scheme of O.Ps namely “Golden A Double-F64” on 01.12.2016 and its maturity date was 01.04.2022.     It is stated by the complainant that her husband expired in Covid-19 at an early age on 26.05.2021, which is before the maturity period.  It is stated by the complainant that on maturity of the said deposit, she was entitled to get Rs.32,000/- towards the maturity value being the wife and nominee of the Account holder.  It is further stated by the complainant that after the maturity date, she in order to get the matured amount from the O.P had visited the office of the O.P on many occasions but the O.P did not release her maturity amount.    Thereafter the complainant tried to get the maturity amount through C.R.C.S Sahara Refund Portal which was launched by the Central Govt. on 18.7.2023 by virtue of order dt.29.3.2023 passed in I.A No.56308/2022 (arising out of W.P.(S)(Civil) No.191/2022) by the Hon’ble Supreme Court in the case of Pinakpani Mohanty Vs. Union of India & Ors.  The complainant in order to get refund of maturity amount tried to apply in the said portal.  But she could not apply in the said portal as there is no scope for the nominee to apply in the said portal.  Finally, the complainant sent legal notice to the O.P on 23.2.2024 which yielded no result.  Hence, the complainant has filed the present case with a prayer for a direction to the O.Ps to give the maturity amount of the Fixed deposit certificate  which was invested by her deceased husband i.e. Rs. 32,000/- alongwith interest @ 12% per annum as well as compensation of Rs.50,000/- towards mental agony and harassment as well as a sum of Rs.20,000/- towards the litigation expenses.

          The complainant has filed some documents alongwith her complaint petition in order to prove her case.

2.       Having not preferred to contest this case, the O.P has been set exparte vide order dt.04.06.2024.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether the case has been filed within the period of limitation?

iii.        Whether there was any deficiency in service on the part of the O.P and if the O.P has practised any unfair trade?

iv.        Whether the complainant is entitled to the reliefs as claimed by her ?

Point No.i.

Complainant is the wife of one Ajay Rout who had invested money in a Fixed Deposit scheme of the O.P and said Ajay Rout died on 26.5.2021, whereas the Fixed Deposit Certificate matured on 1.4.2022.  The complainant has filed copy of the death certificate of her husband.  It reveals from the fixed deposit certificate that the complainant is the nominee.  After death of the Fixed Deposit Certificate holder, the nominee who is also wife of the certificate holder is entitled to get the maturity amount.  Hence, the case as filed by the complainant is maintainable.

Point no.ii.

          As regards to limitation period for filing the present case there is a pertinent decision of Hon’ble National Commission reported in 2020(2) CPR, 555(NC).  In that decision it is held by the Hon’ble National Commission that “maturity amount under fixed deposit if not paid, the cause of action would be treated as continuing.”  In the present case, the O.P has not paid the maturity amount.  In view of the decision of the Hon’ble National Commission as referred above, it is held that the present complaint case has been filed within the limitation period.

Point No.iii.

The averments as made by the complainant in her complaint petition gains ample corroboration from the documentary evidence filed by her.

Admittedly, the husband of the complainant namely Ajay Rout had invested Rs.16,000/- on 1.12.2016 in one of the fixed deposit schemes of O.P namely “Golden A Double-F64” and obtained Certificate no. 465004442713 having A/c No. 56936900222.  The maturity date of the said certificate was 01.04.2022 and the maturity value of the said certificate was Rs. 32,000/-.   The complainant is the nominee of her husband.  The contention of the complainant is supported with xerox copy of said certificate as filed by her.

It is not disputed that the husband of the complainant had invested money with the O.P and before maturity of the fixed deposit certificate, he died in Covid-19 on 26.5.2021.  The complainant has filed xerox copy of death certificate of her husband After maturity, the complainant being nominee of her husband applied to the O.P for release of maturity amount in her favour.  The maturity date of the said deposit was 01.04.2022 but the O.P did not give the complainant the matured amount after the maturity period.  The complainant had approached the O.P many times as well as had sent legal notice on 23.2.2024 to the O.P to get her maturity amount but the O.P did not give the matured amount to her, which amounts to deficiency of service by the O.P.  In this context, there is a pertinent decision of Hon’ble National Commission reported in 2001(3) CPR, 194(NC) in the case of Smt. Kalawati & others Vrs. M/s. United Vaish Co-operative Thirft & Credit Society Ltd., wherein the Hon’ble National Commission has held that non-refund of fixed deposit after maturity comes under the deficiency in service.  This decision is applicable in the present case.   The complainant would have earned interest if her husband and after him she would have invested the said money in any other private sector or public sector undertaking.  But in the present case the O.P did not give the matured amount by which the complainant was deprived of getting her principal amount as well as interest component.   Hence, the O.Ps have committed deficiency in service as well as had adopted unfair trade practice by not releasing the complainant’s matured amount after its maturity period.  This issue is answered in favour of the complainant. 

Point no. iv.

From the discussions as made above, the case of the complainant is definitely maintainable and the complainant is entitled to the maturity amount in respect of fixed deposit certificate as claimed by her.  Hence, it is so ordered;

 

                                              ORDER

The case is allowed exparte against the O.P. Thus, the O.P is directed to pay a sum of Rs.32,000/- towards the maturity value of the Fixed Deposit certificate bearing No. 465004442713 under the “Golden A Double-F64” scheme to the complainant alongwith interest thereon @ 8% per annum from the date of maturity i.e. from 01,04.2022 till the final payment is made.  The O.P is further directed to pay a sum of Rs.30,000/- towards the compensation for mental agony and harassment as well as a sum of Rs.10,000/- towards the litigation expenses to the complainant.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 1^st day of August,2024 under the seal and signature of this Commission.         

                                                                                                                                                                                                                                                                                            Sri Sibananda Mohanty

                                                                                              Member.

 

 

                                                                                    Sri Debasish Nayak

                                                                                               President.