Sri S.K.Sahoo,President.
This is a petition filed by the complainant U/s. 35 of Consumer Protection Act, 2019.
2. The case of the complainant is that she has opened an account bearing No. 12536400693 on 15.01.2016 and deposited Rs.66,069 under “ F64 GOLDEN A DOUBLE ” scheme for 64 months. He has also opened account No.12536006917 on 26.12.2015 for 150 months amounting to Rs. 30,000.00 under “Jeevan Bandhan” scheme with the opp.parties at their Angul branch office . The said deposits were to be matured on 15.05.2021 & 26.06.2028 ,when the opp.parties will be liable to pay the maturity amounts with interest . After the maturity period of accounts bearing No. 12536400693 the opp.parties did not repay the maturity amount to the complainant, inspite of her several approach personally to the Branch Manager (opp.party No.1) . It is further alleged that when he submitted a written application to opp.party No.1, she did not receive the same and refused to disburse the maturity and pre-maturity amount due to the complainant. Due to such conduct of the opp.parties who have adopted unfair trade practice, the complainant was harassed and sustained mental agony. There is gross deficiency in service of the opp.parties. Finding no other way the complainant has filed the present complaint before this Commission.
3. Notices were issued to all the opp.parties through R.P with A.D on 20.10.2022 .The A.Ds of opp.parties are available in the case record. Opp.party No.2 did not appear inspite of notice .Opp.party No.1 entered his appearance on 12.01.2023 .No written statement was filed by the opp.parties .
However the Learned Counsel for the opp.party No.1 challenged the maintainability of the proceeding before this Commission by relying a decision reported in 2013 STPL 18436 NC passed by the National Consumer Disputes Redressal Commission, New Delhi in Anjana Abraham Vrs Koothattukulam Farmers Service Co-operative Bank Ltd. On the other hand the learned counsel for the complainant relied on decision passed by the Learned State Consumer Disputes Redressal Commission, Chandigarh in Ram KanwarVrs. Sahara India Pariwar Pvt. Ltd. on 28.09.2021, the judgement passed by the Hon’ble Supreme Court in Civil Appeal No. 64 of 2010 Virender Jain Vrs. Alaknanda Coopertative Group Housing Society Ltd. & others, Civil Appeal No. 92 of 1998, The Secretary, Thirumurugan Co-operative Agricultural Credit Society Vrs. M.Lalitha (dead) through LRs. & Others and submitted that the complainant is a consumer and the present proceeding is maintainable before this Commission. On perusal of the judgement relied on by both the parties it is clear that the complainant is a consumer and present proceeding is maintainable before this Commission.
4. The complaint petition filed by the complainant on 06.10.2020 is a verified one and supported with affidavit . It has been executed before the Notary on 06.10.2022. From the compliant petition it is clear that on 15.01.2016& 26.12.2015 the complainant has deposited an amount of Rs.66,069.00 & Rs.30,000.00 with the opp.parties and obtained Certificate No. 46500030846 & 355000416436. The photo copy of the said deposits are available in the case record. From the complaint petition coupled with certificates granted by the opp.parties it is clear that the complainant has deposited an amount of Rs. 66,069 & Rs.30,000.00 with the opp.parties which are to be matured on 15.05.2021 & 26.06.2028. Admittedly the opp.parties have not paid the matured amount to the complainant relating to account No. 12536400693.Admittedly Account No. 12536006917 is be matured on 26.06.2028. However the complainant approached the opp.parties for pre-mature payment. Admittedly the opp.parties have not acted on the approach of the complainant fore pre-mature payment till today i.e after more than eight years.
It is clear from the materials on record that the complainant has deposited the aforesaid amount to get the matured amount and the opp.parties have accepted those deposits in course of their business to earn profit. The aforesaid deposits were made by the complainant to earn her livelihood. It is crystal clear from the materials on record that the complainant is entitled to get the matured amount along with interest. Due to non-payment of the dues to the complainant after maturity and prematurity amount she sustained loss and subjected to mental agony. The opp.parties have adopted unfair trade practice for which they are jointly and severally liable for payment of the matured and pre-matured amount along with interest to the complainant.
6. Hence order :-
: O R D E R :
The case be and same is allowed in part on contest against opp.party No.1 and exparte against the opp.party No.2. The opp.parties are jointly and severally liable for payment to the complainant. The opp.parties are directed to pay the maturity amount of Rs. 1,32,138.00 (Rupees one Lakh Thirty-Two Thousand one Hundred Ninety-eight ) only relating to Account No. 12536400693 along with interest @ 12 % p.a from the date of maturity until payment is made.They are also directed to pay an amount of Rs.90,000.00 (Rupees Ninety Thousand) only along with interest at the rate of 12% per annum from the date of deposit i.e 26.12.2015 until payment is made to the complainant. In addition to of the above opp.parties are also directed to pay an amount of Rs. 15,000.00 (Rupees Fifteen Thousand)only as compensation and Rs.5000.00 (Rupees Five Thousand) only towards litigation expenses. The opp.parties are further directed to comply the order within a period of one month of receipt of this order, failing which they are liable to pay penal interest @ 16% per annum, on the amount to be paid to the complainant.
