Orissa

Jharsuguda

CC/77/2018

Meena Podh W/O- Madh Padh - Complainant(s)

Versus

Branch Manager sahara India,Jharsuguda Branch - Opp.Party(s)

P.K. Maharana

02 Dec 2021

ORDER

 

IN THE COURT OF DISTRICT   CONSUMER DISPUTES REDRESSAL COMMISSION, JHARSUGUDA.

                                                          

C.C.NO-77/2018

Meena Podh, aged about 57 yrs,

 W/O-Madh Podh, Occu: House wife,

       R/o- Chunabhata, Po/Ps: Brajrajnagar,

        Dist : Jharsuguda,                                                                      ..……Complainants.

     

Versus

 

1.  Branch manager

Sahara India Ltd.,Jharsuguda Branch

At- Beheramal, Po- Industrial Estate,

Ps/ Dist: Jharsuguda,                                                ……..…………Opp. Parties.

 

            Counsel for the Parties:-

For the Complainant             :-          Self.               

For the Opp. Party                :-          Sri Srikant Mohapatra, Advocate & Associates.

 

 

 Present:-      1. Sri  Dipak Kumar Mahapatra, President.

                        2. Smt. Anamika Nanda, Member (W).

 

Date of Hearing:- 17.11.2021, Date of Order: 02.12.2021

SRI DIPAK KUMAR MAHAPATRA, PRESIDENT:- The Complainant has opened an account under Rajat  Yojana on dtd. 31.10.2003 with the O.P’s Bank vide account no-13619204929 and had a deposit of Rs.11,067/-. The said account was a fixed deposit account having a tenure of 10 years. After completion of the maturity period the Complainant rushed to the Office of the O.P and claimed the maturity amount. But the O.P denied to pay the same but suggested come after some days.   After several visits to the O.P on dtd. 15.07.2017 the Complainant wrote a letter to the Regional Manager, Sambalpur of the O.P for payment of maturity amount and other value but no reply. On dtd. 16.09.2017 the Complainant issued a notice through her Advocate Sri Prashanta Kumar Dixit for the payment of maturity amount.  Lastly on dtd. 04.06.2018 the Complainant visited the O.P and made the same demand but he refused to pay the same. The Complainant now claims to return the above money with bank interest. The Complainant has decided to seek relief from this Commission for the harassment, mental pain and agony suffered by her.

Though the O.P has on dtd. 04.03.2020 appeared through his Advocate Sri S.K Pradhan, who has filed Vakalatnama but after a long gap on dtd.18.11.2021 files a NO INSTRUCTION MEMO for the perusal of this Commission. The Petition is allowed.                                                                                                                                                                         

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
2. Whether the O.P has committed any Deficiency in Service to the Complainant?

 

From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumers as she has availed a fixed deposit account from the O.P. for a period of 10 years.  But the O.P has declined to pay the maturity value even after the completion of term hence causing mental pain and harassment to the Complainant and being a widow lady she has passed through financial setback. Again there was no reason assigned by the O.P for refusal of payment to the claimant /Complainant. This matter has been well settled in the case of “Sahara India Pariwar & Anr. vs Shyamwati” decided on 7 February, 2020  by National Consumer Disputes Redressal, New Delhi.             From the above we came to the conclusion that the O.P has committed Deficiency in service and we order as under:-

ORDER

The Complaint petition is allowed. The O.P is directed to release the maturity amount with 9% interest per annum from the date of maturity of the Fixed Deposit Money dtd. 31.10.2013 till its realization." The O.P is  further directed to pay Rs. 10,000/-(Rupees Ten Thousand) as compensation and Rs. 3,000/- (Rupees Three Thousand) towards the cost of litigation. All the above orders are to be carried out within 30 (Thirty) days of receiving of this order, failing which, the complainant is at liberty to proceed in due process of law.  

Order pronounced in the open court today i.e, on 2^nd day of December-2021 under my hand and seal of this Commission.

Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.

I agree,

                                                                                               

MEMBER.                                                                                          PRESIDENT.

                                                      Dictated and Corrected

                                                                      By me.

 

 

                                                                        President