Sri S.K.Sahoo,President.
This is a petition filed by the complainant U/s. 35 of Consumer Protection Act, 2019.
2. The case of the complainant is that he has opened the accounts bearing No. 125337402482 on 23.06.2018 for Rs.24,600.00 under “GOLDEN 24 ” scheme for 24 months . with the opp.parties at their Angul branch office . The said deposits were to be matured on 23.06.2020,when the opp.parties are liable to pay the maturity amounts along with other benefits. After the maturity period the opp.parties did not repay the amount due to the complainant inspite of his several approach personally to the Branch Manager (opp.party No.1) . It is further alleged that when he submitted a written application to opp.party No.1 he did not receive the same and refused to disburse the amount due to the complainant. Due to such conduct of the opp.parties- who have adopted unfair trade practice, the complainant was harassed and subjected to mental agony. There is gross deficiency in service of the opp.parties. Finding no other way the complainant has filed the present complaint before this Commission for necessary direction to the opp.parties to disburse the amount due to him along with other reliefs.
3. Notices were issued to all the opp.parties through R.P with A.D on 19.08.2020 . During hearing the complainant prayed to delete the opp.party No.2 and accordingly opp.party No.2 has been deleted from the present proceeding . Opp.party No.1 and 3 did not appear inspite of notice .
4. The complaint petition filed by the complainant on 23.07.2020 is a verified one and supported with affidavit . It has been executed before the Notary on 23.07.2020. From the compliant petition it is clear that on 23.06.2018 the complainant has deposited an amount of Rs. 24,600.00 with the opp.parties and obtained Certificate No. 438000808482. The photo copy of the said certificate is available in the case record. From the complaint petition coupled with certificate granted by the opp.parties it is clear that the complainant has deposited an amount of Rs. 24,600.00 with the opp.parties which are to be matured on 23.06.2020 . Admittedly the opp.parties have not paid the matured amount to the complainant after it has been matured .
It is clear from the materials on record that the complainant has deposited the aforesaid amount to get the matured amount and the opp.parties have accepted that deposit in course of their business to earn profit. The aforesaid deposit was made by the complainant to earn his livelihood. It is crystal clear from the materials on record that the complainant is entitled to get the matured amount along with interest. Due to non-payment of the dues to the complainant after maturity he sustained loss and subjected to mental agony. The opp.parties have adopted unfair trade practice and they are jointly and severally liable for payment of the matured amount along with interest to the complainant.
6. Hence order :-
O R D E R :
The case be and same is allowed in part , exparte against the opp.party No.1 & 3. The opp.parties are jointly and severally liable for payment to the complainant. The opp.parties are directed to pay Rs.30,858.00 (Rupees Thirty Thousand Eight Hundred Eight-Five ) only along with interest @12% p.a from 23.06.2020 until payment is made. The above opp.parties are also directed to pay an amount of Rs.10,000.00 (Rupees Ten Thousand)only as compensation and Rs.5000.00 (Rupees Five Thousand) only towards litigation expenses. The opp.parties are further directed to comply the order within a period of one month of receipt of this order, failing which they are liable to pay penal interest @ 16% per annum, on the amount to be paid to the complainant.