For Complainant : Self
For OP No.1 : Sri S. K. Mohanty, Advocate
For OP No.2 & 3 : None.
-x-
1. The brief history of the case of the complainant is that he being insisted by the Agent of Ops, agreed to deposit some amount with the OP.1. It is submitted that the complainant made Twenty three fixed deposits with Ops through OP.1 under Sahara F36/Golden V.M. Scheme as detailed below:
Certificate No. & Date Amount Date of Maturity
- 605-003058989 dt.31.12.2016 Rs.07, 626/- Dt.31.12.2019
- 605-003058990 dt.31.12.2016 Rs.10, 000/- Dt.31.12.2019
- 605-003058991 dt.31.12.2016 Rs.10, 000/- Dt.31.12.2019
- 605-003058992 dt.31.12.2016 Rs.12, 000/- Dt.31.12.2019
- 605-003058993 dt.31.12.2016 Rs.12, 000/- Dt.31.12.2019
- 605-003058994 dt.31.12.2016 Rs.12, 000/- Dt.31.12.2019
- 605-003058995 dt.31.12.2016 Rs.12, 000/- Dt.31.12.2019
- 605-003058996 dt.31.12.2016 Rs.12, 000/- Dt.31.12.2019
- 605-003058997 dt.31.12.2016 Rs.12, 000/- Dt.31.12.2019
- 605-003058998 dt.31.12.2016 Rs.12, 000/- Dt.31.12.2019
- 605-003058999 dt.31.12.2016 Rs.12, 000/- Dt.31.12.2019
- 605-003059000 dt.31.12.2016 Rs.12, 000/- Dt.31.12.2019
- 605-003059001 dt.31.12.2016 Rs.12, 000/- Dt.31.12.2019
- 605-003059002 dt.31.12.2016 Rs.12, 000/- Dt.31.12.2019
- 605-003059003 dt.31.12.2016 Rs.12, 000/- Dt.31.12.2019
- 605-003059004 dt.31.12.2016 Rs.12, 000/- Dt.31.12.2019
- 605-003059005 dt.31.12.2016 Rs.12, 000/- Dt.31.12.2019
- 605-003059006 dt.31.12.2016 Rs.12, 000/- Dt.31.12.2019
- 605-003059007 dt.31.12.2016 Rs.12, 000/- Dt.31.12.2019
- 605-003059008 dt.31.12.2016 Rs.12, 000/- Dt.31.12.2019
- 605-003059009 dt.31.12.2016 Rs.12, 000/- Dt.31.12.2019
- 605-003059010 dt.31.12.2016 Rs.12, 000/- Dt.31.12.2019
- 605-003059011 dt.31.12.2016 Rs.12, 000/- Dt.31.12.2019
It is submitted that the complainant requiring money after maturity of the scheme approached the Ops to close the above Twenty three accounts and pay the proceeds but to no result. Thus alleging unfair trade practice on the part of the Ops he filed this case praying the Forum to direct the Ops to pay the assured amount of Rs.4, 11,074/- under the scheme with interest till payment and to pay suitable compensation and cost to the complainant.
2. The OP No.1 filed counter through its advocate admitting that the complainant has made Twenty three fixed deposits under Sahara F36 Golden V.M. Scheme which were matured on 31.12.2019 but contended that at the time of deposit as advanced in favour of the Company, the complainant had entered into a contractual liability with the Ops wherein he has agreed to abide with the terms and conditions of the scheme. It is further contended that the complainant approached the OP.1 for withdrawal of deposit without producing any document and when he was asked to furnish relevant documents, the complainant refused to furnish the same. Thus denying any deficiency in service or unfair trade practice on their part, the Op prayed to dismiss the case of the complainant with costs.
3. In spite of vaid notice the Op No.2 & 3 did not prefer to participate in this proceeding in any manner and thus remained exparte. The complainant has filed certain documents in support of his case. We have perused the documents on record.
4. In this case, deposits under the scheme as above are all admitted facts. It is seen from the deposit certificates available on record that the scheme is matured on 31.12.2019. The case of the complainant is that he approached the OP.1 for withdrawal maturity benefits but the OP.1 without effecting maturity payment is stating that the money is yet to come.
5. The OP.1 stated that this Forum has no jurisdiction to try over this case as because the complainant has already entered into arbitration agreement with the Ops under which the dispute between the parties shall be decided by an Arbitrator. The Op has not filed the copy of agreement in support of his above contention for our perusal. It has been decided in a number of cases by the higher Forums that even if remedy of arbitration found provided in the agreement between the parties, it would not have barred the Forums under C. P. Act from redressing the cases of the complainant as because, the Act is not derogation of any other law for the time being in force as per Section-3 of C. P. Act. In view of the above decision, this Forum has got jurisdiction to entertain this case.
6. Further it is stated that the complainant has not furnished any document at the time of approach to OPs and when he was asked to furnish documents, he denied. This submission of the OP.1 does not sound good. When a depositor approaches OP.1 for withdrawal of his/her deposit, he/she must have some documents with him/her and if any more documents are required, the consumer is to be suitably advised. Official process for withdrawal is to be promptly taken up but the OP.1 has not taken up the matter in this case. Non-cooperation of the Ops in effecting payment to the complainant, in our opinion, amounts to deficiency in service. The complainant is entitled for withdrawal of his money and the Ops are entitled to pay the same with due interest.
7. It is seen from the record that the complainant has deposited Rs.2, 67,626/- under Sahara F36 Golden V.M. scheme in shape of Twenty three certificates which were matured on 31.12.2019 and he wants to withdraw his money. Since the scheme is matured, he also can do it. The Ops are to pay back the deposited amount with due interest as per scheme. In the peculiar circumstances of the case, we are not inclined to grant any compensation in favour of the complainant except a cost of Rs.2000/-.
8. Hence ordered that the complaint petition is allowed in part and the Ops 1 & 3 being jointly and severally liable are directed to refund Rs.2, 67, 626/- under Sahara F36/Golden V.M. Scheme with as usual rate of interest and benefits under the scheme from the date of deposit till actual payment and to pay Rs.2000/- towards cost to the complainant within 30 days from the date of communication of this order.
(to dict.)
