Orissa

Kandhamal

CC/27/2018

Rasmita Pradhan - Complainant(s)

Versus

Branch Manager, Sahara India - Opp.Party(s)

26 Feb 2021

ORDER

DISTRICT CONSUMAR DISPUTES REDRESSAL COMMISSION
AT-NEAR COLLECTORATE OFFICE,PHULBANI
 
Complaint Case No. CC/27/2018
( Date of Filing : 10 Sep 2018 )
 
1. Rasmita Pradhan
W/o- Shaktising pradhan, Village- Gerupada, Kelapada, Phiringia Kandhamal, Odisha
Kandhamal
Odisha
...........Complainant(s)
Versus
1. Branch Manager, Sahara India
Sahara India, Mainroad, Phulbani
Kandhamal
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MS. Ms.Sudhiralaxmi pattnaik PRESIDING MEMBER
 HON'BLE MR. Purna chandra Tripathy MEMBER
 
PRESENT:
 
Dated : 26 Feb 2021
Final Order / Judgement

BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI.

 

C.C. No. 27 OF 2018

 

Present:        Miss Sudhiralaxmi Pattnaik                  -           President (I/c).

Sri Purna Chandra Tripathy        -           Member.

 

Rasmita Pradhan, age about 36 years

W/o: Shaktising Pradhan

Vill: Gerupada Kelapada,Phiringia

Dist: Kandhamal ,Odisha                                      ………. Complainant

 

-Versus-

Branch Manager,

Sahara India

At- Main Road Po/Ps- Phulbani 

Dist: Kandhamal                                                    ………. Opposite- Party.

 

For the Complainant:  Self.

For the Opp. Party:  Ex-parte

Date of Order: 26th February 2021.

The case of the Complainant is that the complainant had deposited an amount of Rs 82,000/- under Sahara Plan- E- shine in her name and Rs 50,000/- under Sahara Q-Shop Plan-H in her daughter’s name Sonali Pradhan respectively. In respect to the same the OP issued certificates / bonds bearing No- (i) 351001351795-Rs 17,000/- (ii) 351001351796 Rs 17,000/- (iii) 351001351794 Rs 16,000/- in the name of the Complainant on dated 17/11/2011 apart from that the complainant also deposited an amount of Rs 32,000/- under Sahara Credit Co-operative society vide A/C No- 18534203452 .  Similarly the complainant deposited an amount of Rs 50,000/-in her daughter’s name  as the mother guardian bearing certificate No- 562016655931 Rs 6,900/- dated 15/06/2012 (ii) 562016649299 Rs 6,900/- dated 21/06/2012 (iii) 562017855875 Rs 18,100/- dated 15/06/2012 (iv) 562017858357 Rs 18,100/- on dated 21/06/2012 respectively. That the tenure for the Sahara Plan E-Shine was for a period of 96 months from the date of deposit, similarly the period of Sahara Q-Shop Plan – H was 72 months from the date of deposit. The maturity date of all the above deposits has been completed. After the maturity period of the above deposits the complainant approached the OP for payment with proper application and relevant documents. Despite of that the OP did not take any steps for payment of the maturity amount to the complainant. Result of which the present complaint filed by the complainant with a prayer for issue direction to the OP to pay the maturity amount along with Rs 10,000/- for compensation and Rs 5,000/- for litigation cost . After perusal of the petition and documents the complaint was admitted and issued notice to the OP for appearance and filling of version. The notice duly served upon the OP but the OP did not appear or file version in support of the case. Hence on dated 04/02/2021 the OP declared set- exparte. We heard the complainant and gone through the documents, evidence affidavit. In our considered view that the complainant has deposited an amount of Rs 82,000 in her name in Sahara E.Shine and Rs. 50,000 in her daughter’s name in QShop Plan- H. The   She had deposited Rs. 16,000/- on dated 01-12-2011 for period of 96 months bearing receipt No. 80090633839 and the maturity amount was 41792/- and the maturity date was 01-12-2019, She had deposited Rs. 17,000/- on 01-12-2011 for the period of 96 months bearing receipt No.80090633841 and the maturity amount is Rs. 44404/-and the maturity date was 01-12-2019,Rupees 17,000/- on 01-12-2011 with a period of 96 months bearing receipt No.80090633840 and the maturity amount was 44404/- and the maturity date was 01-12-2019. She had also deposited Rs.4000/- for 8 months and Rs,32,000/- in account No. 18534203452 on 30-10-2012,06-03-2013,27-03-2013,10-04-2013,15-05-2013 under the plan Sahara E Shine and to that effect the O.P issued 4 bonds in the name of the Complainant . As per the Complainant the maturity amount is Rs. 1, 62,600/- which not yet paid to the Complainant even if several approach. That the Complainant has submitted his application along with documents before the O.P for payment of the maturity amount but the O.P did not respond. The Complainant has already deposited under the Q Shop Sahara Plan Rs 50,000/- in the name of the daughter Sonali Pradhan and to that effect the O.P issued a bond bearing receipt No.71025388314,Rs.18000/- on 15-06-2012 which maturity date was 15-06-2018, receipt no.71025388313 Rs, 18,000/- on dated 21-06-2012 and the maturity date was 21-06-2018,receipt No.71025384784 of Rs. 6900/- dated 21-06-2012 and the maturity date was 21-06-2018, receipt No.71025384191 Rs.69,000/- dated 15-06-2012 which maturity date was 15-06-2018 which maturity date was 15-06-2018. The O.P No.1 issued bonds to her. In spite of several approach the O.P did not respond to the Complainant and did not paid any maturity amount to the Complainant. Being aggrieved the Complainant has field this complaint before this Commission alleging deficiency in service and gross negligence on the part of the O.P with a prayer to issue direction to the O.P to pay maturity amount with compensation of  Rs. 10,000/- and litigation cost of Rs. 5,000/-.The case is admitted . The notice was issued to O.P but the O.P did not appear. The Complainant has filed relevant documents in support of her case. We have heard the complainant and gone through the case record and documents available in the record. In our considered view that the Complainant had deposited total Rs. 82,000/- under the Sahara E Shine and Rs. 50,000/- under Sahara Q-Shop Plan-H in her daughter’s name but on the other hand the OP has not paid the maturity amount in spite of several request of the complainant . It is well established that there is a gross negligence and deficiency in service on the part of the O.P. Hence order.

 

O R D E R

                        The Complaint is allowed against the OP.  Therefore the OP is hereby directed to pay the maturity amount of the noted bonds along with interest @ 9% P.A from the date of maturity to till the date of payment, further directed to pay Rs 5,000/- as compensation for mental agony and Rs 2,000/- for litigation cost to the complainant within 45 days from the date of receipt of this order, failing which all dues shall carry interest @12% P.A till the date of payment. Accordingly the C.C is disposed off.

Order pronounced in the Open court on this 26th day of February 2021.

Free copy of this order be supplied to the parties.

 

 

 

MEMBER                                                                                          PRESIDENT

                                                 

 
 
[HON'BLE MS. Ms.Sudhiralaxmi pattnaik]
PRESIDING MEMBER
 
 
[HON'BLE MR. Purna chandra Tripathy]
MEMBER
 

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