Dt. of filing- 10/04/2018
Dt. of Judgement- 21/10/2019
Mrs. Sashi Kala Basu, Hon’ble President.
This complaint is filed by complainant namely Sri Biplab Dutta under Section 12 of the Consumer Protection Act alleging deficiency in service on the part of the Opposite Parties namely Sahara Credit Co-operative Society Ltd and its Branch Manager.
Complainant’s case in short is that on 08.08.2016, he opened three fixed deposit account being Nos. (1)16906200793 (2) 16906200794 and (3) 16906200795 and deposited Rs.11,000/- for 18 months, Rs.11,000/- for 12 months and Rs. 19,000/- for 12 months respectively in the Branch Office with the Opposite Party No.1 and maturity date were 04.02.2018, 04.08.2017 and 04.08.2017 respectively. But after the expiry of the maturity date, when complainant requested OP No.1 to pay the matured amount, OPs failed and neglected to pay the same. Ultimately, a demand notice was also sent by the complainant to the OPs through his Ld. Advocate but they paid no heed and thus this case has been filed by the complainant praying for directing OPs to pay matured amount of Rs. 45,185/- in total along with accrued interest, to pay compensation of Rs. 50,000/- and Rs. 20,000/- for mental agony and also litigation cost of Rs. 20,000/-.
Complainant has annexed with the complaint, three certificates towards fixed deposits, money receipts and the copy of the notices sent by the complainant on 08.03.2018 and on 19.03.2018 respectively.
Opposite Parties have contested the case by filing the written version denying the allegations contending inter – alia that despite request after receiving the legal notice, complainant did not produce the original Sahara M. Benefit Certificate before the Opposite Party for internal process for disbursement of payment. It is further contended that due to dispute with the SEBI and the legal embargo, delay in payment happened. There has not been deficiency in service on the part of the OPs and thus OPs have prayed for dismissal of the case.
During the course of evidence, both parties have filed their respective evidence followed by filing of questionnaire and reply thereto. Ultimately, both parties have also filed the written notes of arguments.
Thus following points require determination:-
- Whether there has been deficiency in service on the part of the Opposite Parties?
- Whether the complainant is entitled to the reliefs as prayed?
Decision withreason
Point Nos. 1 & 2 :
Both the points are taken up together for a comprehensive discussion.
In support of his claim, complainant has filed three certificates bearing nos. 925003728957 A/c No. 16906200793, 705000053088 A/C no. 16906200794 and Certificate no. 705000053089 A/c. No. 16906200795 showing deposit of sum of Rs. 11,000/-, 11,000/- and Rs. 19,000/- respectively on 04.08.2016. He has also filed thee receipts issued by the OPs acknowledging receiving of the sum as mentioned above. Maturity dates were on 04.02.2018, 04.08.2017 and 04.08.2017 and the matured sum were Rs.11,990/- ,11,990/- and 20,710/- respectively. Admittedly, said matured sum has not been paid by the OPs to the complainant. Only contention raised by the OPs is that complainant did not submit the original certificates and the receipts for their internal process for disbursement but OPs have not filed any document to substantiate that inspite of their demand, complainant failed to deposit the said originals. So in the absence of any document by the OPs, said claim of Os appears to be afterthought for the purpose of this case.
Regarding legal embargo, at the time of hearing argument Ld. Advocate for the OPs Sri Mohammed Sahil has fairly submitted that the matter between the SEBI and Sahara Group relates to only in respect of those people who have moved before the SEBI in respect of investment made by them with Sahara Group.
In this case, Ld. Advocate appearing for the complainant has submitted that complainant has not moved or filed any other case before any other Forum or statutory body including SEBI. So as OP have admitted that they have not paid the matured amount to the complainant, there has been deficiency in service and thus complainant is entitled to the matured amount along with interest in the form of compensation from the date of its maturity.
These points are thus answered accordingly.
Hence,
Ordered
CC/183/2018 is allowed on contest. Opposite Parties are directed to pay the complainant matured sum of Rs. 45,185/- along with interest @9% p.a. from 04.02.2018 to till this date within two months from the date of passing of this order. Opposite Parties are further directed to pay litigation cost of Rs. 10,000/- to the complainant within the aforesaid period of two months in default entire sum shall carry interest @ 9% p.a. till realisation.
