Dt. of filing – 10/04/2018

Dt. of Judgement – 06/01/2020

Mrs. Sashi Kala Basu, Hon’ble President

        This consumer complaint is filed by the Complainant namely Smt. Pinki Dutta under Section 12 of the Consumer Protection Act, 1986 against the Opposite Parties namely 1) Branch Manager, Sahara Credit Co-operative Society Ltd., Kolkata -700 084 and 2) Sahara Credit Co-operative Society Ltd., Regional Office, Aliganj, Lucknow-226024 alleging deficiency in service on their part.

          Case of the Complainant in short is that on 24/07/2012 Complainant deposited and/or opened an account being no.16904202112 (Sahara M. Benefit Scheme Membership No.16901201015) denomination of Rs.1,300/- per month, rate of interest 9% per annum, with the Opposite Party No.2 for a tenure of 60 months and the maturity date was 20/6/2017. In May, 2016 last payment was made by the Complainant in the said account. Complainant thereafter approached the Opposite Party No.1 for making payment of the maturity amount. But the Opposite Party paid no heed. On 8/3/2018 Complainant also wrote to the Branch Manager of the Opposite Party. But the payment was not made by the Opposite Party in respect of the maturity amount of Rs.83,213/-. Ultimately a demand notice was also sent by the Complainant through her Ld. Advocate but all in vain. So, the present complaint has been filed for directing the Opposite Party to pay the matured sum.

          Complainant has filed receipts and the pass book in respect of the account and also copy of the notice dated 19/3/2018.

          Opposite Party has contested the case by filing written version denying and disputing the allegations contenting inter alia that despite several requests Complainant did not produce original Sahara M. Benefit Certificate, K.Y.C before the Opposite Party for internal process for disbursement of payment. It is also contended that due to legal embargo on the property of Sahara Group, payment could not be made. Thus the Opposite Parties have prayed for dismissal of the case.

          During the course of evidence, parties have filed affidavit-in-chief followed by filing of questionnaire and reply thereto. Ultimately argument has been advanced on behalf of the Complainant as well as Opposite Party. They have also filed the brief notes of argument.

          So, the following points require determination:-

1. Whether there has been deficiency in service on the part of the Opposite Parties?
2. Whether the Complainant is entitled to the relief as prayed for?

Decision with reasons

          Both the points are taken up together for a comprehensive discussion.

          In support of her claim that she opened an account being no. 16904202112, Complainant has filed the relevant pass book and also has filed some receipts issued by the Opposite Parties.

          It may be pertinent to point out that as per the specific instruction/terms as stated in the pass book it appears that as per the said terms stated in Column 8, 9 & 10 it is apparent that no claim can be made by the depositor or account holder on the basis of entries in the pass book. Account holder had to demand collection slip/receipts of payment of monthly premium/denomination of Rs.1,300/- as per the said terms, stated in the said passbook. It is stated that payment shall be made on the basis of the receipts only if there is any discrepancy or differences in the amount found between entries made in the pass book and receipts.

          On perusal of the entries in the pass book, it appears that the entries are only of 48 monthly instalment of Rs.1,300/- each and not 60 monthly instalment as stated in the complaint. Receipts filed by the Complainant showing payments, are only 12 in number wherein Rs.1,300/- each has been paid. So as per the terms as referred to above stated in the pass book, if there is any discrepancy regarding deposit, payment shall be made on the basis of receipts. So, not only 60 monthly instalments, as was required to be paid, to get the matured amount, has not been paid but also receipts shows payment of total amount of Rs.15,600/- only. So the entries in the pass book and the 12 receipts, the amount paid totally differs. In the instant case Complainant has claimed that she has paid the entire instalment and so entitled to the matured sum of Rs.83,213/. But in the absence of any document showing such deposit as discussed above, relief as sought for by the Complainant cannot be allowed and thus the same is liable to be dismissed.

Hence,

                    ORDERED

CC/182/2018 is dismissed on contest.