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. 12533710260 on 15.10.2011 for Rs.8,000.00, No. 12533711173 on 05.11.2011 for Rs.5,000.00, No. 12534200982 on 05.01.2012 for Rs.10,000.00 & No. 12534205223 on 30.03.2012 for Rs.10,000.00 under “ SAHARA E.SHINE” scheme for 96 months .He had also opened account No.12537402583 on 30.06.2018 for 24 months amounting to Rs. 6,000.00 under “GOLDEN 24” scheme with the opp.parties at their Angul branch office . The said deposits were to be matured on 15.10.2019,05.11.2019,05.01.2020 ,30.03.2020 & 30.06.2020,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 07.10.2022 . 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.3 to 5 did not appear inspite of notice .Opp.party No.1 entered his appearance on 06.01.2023 .No written statement was filed by the opp.parties .
However the Learned Counsel for the opp.party No.1 challenged the maintainability of the proceeding before this Commission by relying on a decision in Revision petition No. 4871 of 2012 M/s.Anjana Abraham,Chembethil Vrs. M.D,The Koothattukulam Farmers Service Co-operative Bank passed by the National Consumer Disputes Redressal Commission, New Delhi . On the other hand the learned counsel for the complainant relied on decision of the Learned State Consumer Disputes Redressal Commission, Chandigarh in Ram KanwarVrs. Sahara India PariwarPvt. Ltd. on 28.09.2021, the judgement passed by the Hon’ble Supreme Court in Civil Appeal No. 64 of 2010 Virender Jain Vrs. AlaknandaCoopertative Group Housing Society Ltd. & others, Civil Appeal No. 92 of 1998, The Secretary,Thirumurugan Co-operative Agricultural Credit Society Vrs. M.Lalitha (dead) through LRs. & Others and submitted that the complainant is a consumer and the present proceeding is maintainable before this Commission. On perusal of the judgement relied on by both the parties it is clear that the complainant is a consumer and present proceeding is maintainable before this Commission.
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 15.10.2011,05.11.2011,05.01.2012,30.03.2012 & 30.06.2018 the complainant has deposited an amount of Rs. 8,000.00, Rs.5,000.00 ,Rs.10,000.00,Rs.10,000.00& Rs.6,000.00 with the opp.parties and obtained Certificate No. 351001013372, 351001338474,351002432384,351002873611 & 438000808534. The photo copy of the said certificates are available in the case record. From the complaint petition coupled with certificates granted by the opp.parties it is clear that the complainant has deposited an amount of Rs. 8,000.00, Rs.5,000.00,Rs.10,000.00,Rs.10,000.00 & Rs.6,000.00 with the opp.parties which are to be matured on 15.10.2019 ,05.11.2019,05.01.2020,30.03.2020 & 30.06.2020. 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 those deposits in course of their business to earn profit. The aforesaid deposits were 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 on contest the opp.party No.1 and exparte against the opp.party No.3,4&5. The opp.parties are jointly and severally liable for payment to the complainant. The opp.parties are directed to pay Rs.18,112.00 (Rupees Eighteen Thousand One Hundred Twelve) only along with interest @12% from 15.10.2019, Rs.11,320.00.00 (Rupees Eleven Thousand Three Hundred Eleven) only along with interest @12% from 05.01.2019, Rs.26,120.00 (Rupees Twenty-Six Thousand One Hundred Twenty) only along with interest @12% from 05.01.2020, Rs.26,120.00 00 (Rupees Twenty-Six Thousand One Hundred Twenty) only along with interest @12% from 30.03.2020 and Rs.7,526.00 (Rupees Seven Thousand Five Hundred Twenty-Six)only along with interest @12% from 30.06.2020. The above opp.parties are also directed to pay an amount of Rs. 15,000.00 (Rupees Fifteen 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 receiptof this order, failing which they are liable to pay penal interest @ 16% per annum, on the amount to be paid to the complainant.
