Date of filing 13-09-2017

Judgement  dt.25-04-2018

Mrs. Balaka Chatterjee, Member

          This petition of complaint is filed under section 12 of C.P.Act, 1986 by Uttam Saha against 1) Branch Manager, Sahara Credit Co-operative Society Ltd. 2) Sahara Credit Co-operative Society Ltd.

          Case of the Complainant in brief is that the Complainant had opened an account being no.16904200001 in Sahara M. Benefit Scheme on 3/1/2012 with “denomination of Rs.1300 rate of interest @9.5% p.a.” with the opposite party 1 (referred as OP No.1 hereinafter) for a period of 60 months and made last payment on 31/12/2016 as per guideline of the OP No.1 and, thereafter, the Complainant approached the OP No.1 in January, 2017 to reimburse the maturity amount to the membership and/or account no.16904200001 but the OP No.1 paid no heed to that and on 7/8/2017 and lastly on 25/8/2017 the Complainant sent demand notices to the OP No.1 to pay the maturity amount of Rs.1,02,000/- in favour of the Complainant but that too yielded no fruitful result and, as such, finding no other alternative the Complainant, by filing the instant consumer complaint, prays for direction upon the OPs to pay maturity sum of Rs.1,02,000/- along with interest, to pay Rs.50,000/- towards compensation for physical harassment to pay Rs.20,000/- towards compensation for mental agony and Rs.10,000/- as cost of litigation.

          The Complainant has annexed documents showing payment made by the Complainant from 3/1/2012 to 12/2/2016. Photocopies of letter issued by the Complainant to OP No.1. Advocate’s letter dated 25/8/2017 issued from the end of the complaint.

          The OP contested the case by filing written version in the form of letter praying time to clear the accounts of the depositor by paying the amount deposited with them.

          The Complainant adduced examination of chief on affidavit reiterating the facts mentioned in the petition of complaint. The OPs did not file evidence and questionnaire.

          In course of argument Ld. Advocate for the Complainant submits that during pendency of this consumer complaint the OPs paid Rs.1,10,723/- to the Complainant on 15.01.2018.

          Authorised representative of the OPs filed document showing that the Complainant received Rs.1,10,723/-.

Decision with reasons

          Admittedly the Complainant deposited “denomination amount of Rs.1300/-“ with the OPs for a period of 60 months on 3/1/2012 and on maturity i.e. on 31/12/2016 he was to receive Rs.1,02,000/- .

          It is also admitted that during pendency of this consumer complaint the OPs have paid Rs.1,10,723/- towards maturity amount of Rs.1,02,000/- and Rs.9,719/- towards ‘benefit of delayed period’.

          On perusal of document it appears that the OPs have prayed time for clearing the account of depositor by paying the deposited amount.

          It further appears from the document filed by the OPs that the OPs have paid the maturity amount of Rs.1,02,000/- to the Complainant along with benefit for delayed period which was duly received by the Complainant on 15/1/2018.

          The Complainant has prayed Rs.50,000/- towards physical harassment and Rs.20,000/- towards mental harassment.

          In our view there was no denial on the part of the OPs regarding the amount deposited with them and they prayed time for reimbursing the same in favour of the Complainant and they complied the same by paying the matured amount with ‘benefit for delay’. Considering such type of conduct of OP we are not inclined to pass any order for compensation and litigation cost. In such view of the matter it is held that the OPs are not deficient in providing service.

Hence,

O R D E R E D

that CC/537/2017 is dismissed on contest without any order as to cost.