MR. PRABODHA KUMAR DASH, PRESIDENT:-             

                     This C.C.Case No. 42/2021 is taken up today for order and an application U/s-35 of C.P.Act,2019. Grievances of widow nominees that, the Ops SAHARA INDIA did not pay maturity amount which was invested in 2007 by her deceased husband. Heard the both Ld. Counsel for parties. Perused the materials on record. Scrutinized essential documentary evidence.

Brief Facts:-

                     Nominee/ Complainant’s husband invested under two receipt heads Rs. 10,000/- in 2007 maturity value Rs. 25041/- and Rs. 5000/- maturity Rs. 25040/- in receipt No. 10401369915 dt. 31.12.2007 of Rs. 10,000/- and Receipt No. 10401364339 dt. 28.12.2007 of Rs. 5000/-. The original depositor died in 2011 and the receipts were kept & it was traced by present Complainant she claimed its maturity value submitted printed receipts with death certificate but the Ops denied such claims. Nominee wanted information under RTI Act in 14.07.2021, but the Ops refused to accept the grievances and did not provide information and refused to accept the letter.

Issue No.1-Whether the C.C.Case was filed within period of limitation?

Issue No.2- whether the nominee/Complainant is a consumer ?

Issue No.3- Whether the Ops committed deficiency in service unfair trade practice?

Issue No.4- Whether the Complainant entitled to the reliefs sought for?

Issue No.5- What will be the equitable relief this Commission can grant?

Issue No.1-

                    The nominee traced out the Ops certificate after death of the investor and approached throughout the years together for payment of the maturity value in which cause of action continued till realization of disputed amount.

Issue No-2-

                    The Ops accepted deposit and mentioned it its receipt maturity value on its two receipts as Rs. 25041/- & Rs. 25040/- but did not made payment for which the given by Ops financial service coming U/s-2(42) of C.P.Act. The present dispute is a consumer  dispute as per languages of S-2(8) of C.P.Act.

Issue No.3-

                   The receipt clearly mentioned maturity value for which the Ops are in obligation to comply the same, but the Complainant alleged the Ops not made payment till date is a deficiency in service U/S-2(II) of C.P.Act.

Issue No.4-

                   Complainant alleged for non-payment of value on the contrary the Ops in their written version stated they already paid Rs. 7953/- on dt. 30.04.2012 with two other payment Rs. 14,726/- Rs. 14,962/- in its financial statement to K.Suar, in another document shown different amounts in same cheque number. The cheque No. 519946 shown two transaction of two different amount of Rs. 2953/- & Rs. 5000/-. How can a institution paid two different value created doubt in this Commission mind? The other transaction in one cheque No. 519947 two transaction Rs. 5907/- & Rs. 10,000/- in the name of Kanaklata Suar. How this two different transaction in same cheque unable to understand this Commission. If the Ops paid cheque in favour of Complainant then the transactions to which account the same transferred not specifically given. The Ops being a financial institution could not removed the doubt created about the transaction in one document four times in 2 cheque and two A/ C No. 18492007044 & 18492007173. Ops transaction without clear reasoning and a reasonable prudent man can distinguish the two contradictory documents. The Ops further not engaged Advocate who can remove reasonable doubt in the minds of this Commission. The documents available are itself contradictory to each other, therefore in our considered view the same manufactured by the Ops. The Ops without approval of RBI, SEBI and Regulator for financial service from Central authority or State authorities accepted illegal deposit in name of an Institution of Multistate Co-Operative Society but prejudiced crore of people without payment of maturity value. All the innocent people of Kendrapara District suffering from the Ops cheating for which Govt. of Orissa passed prevention of deposit of Public money in Chit Fund. Ops are like Chit Fund collected huge money without return. The Ops are liable to pay maturity value with @18% interest to the Complainant.

Issue No.5-

                     The Ops are liable to pay maturity value under the two receipt Rs. 50,080/- with interest @18% from dt. 07.12.2021(date of filing C.C.Case) till its realization with Rs. 20,000/- for mental agony and Rs. 5,000/- as litigation cost to the Complainant within one months from receipt of this order failure of which Ops are liable on U/s-72 of C.P.Act, 2019 for execution proceeding.

 O R D E R

                     The Ops are directed to pay Rs. 50,080/- as maturity value under two receipts with @18% P.A. to the Complainant w.e.f dt. 07.12.2021(date of filing of C.C.Case No. 42/2021) till its realization alongwith Rs. 20,000/- as compensation towards mental agony and harassment undergone by the Complainant and Rs. 5,000/- for cost of litigation to the Complainant within a period of one month from the date of receipt of this order, failing which the Ops shall be liable U/S-72 of C.P.Act, 2019. The C.C.Case is allowed.

                      Issue extract of the order to the parties for compliance.           

                 Pronounced in the open Commission, this the 22th day of February,2023.             

                              I, agree.

                                  Sd/-                                       Sd/-

                           MEMBER                             PRESIDENT