Orissa

Cuttak

CC/197/2021

Sasmita Nayak - Complainant(s)

Versus

Branch Manager,Humara India Credit Cooperative Society Ltd - Opp.Party(s)

A K Samal & associates

07 Jun 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DIUSPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                C.C.No.197/2021

Sasmita Nayak,

W/O:Sri Prasanta Kumar Pandi,

Res. Of At:Nua Sahi,P.O:Abhinaba Bidanasi(CDA),

P.S:Bidanasi,Town/Dist:Cuttack,Pin-753014.                                ... Complainant.

        

                                                Vrs.

1.        The Branch Manager,

Humara India Credit Cooperative Society Ltd.

Office:Sahara India Branch,

At:Chandi Chhak,P.O:Buxibazar,

                    Town/Dist:Cuttack,Pin 753001(Odisha)

 

2.        Managing Director

Humara India Credit Cooperative Society Ltd.,

       Office:Mangal Jyoti,101,227/2,AJC Bose Road,

      Kolkata,Pin-700020(West Bengal),                           .                    ...Opp. Parties.

                       

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    18.11.2021

Date of Order:  07.06.2022

 

For the complainant:            Mr. A.K.Samal,Adv. & Associates.

For the O.Ps.       :                  None.

 

Sri Debasish Nayak,President                          

            Case of the complainant in nutshell is that the complainant had made certain fixed deposits through the O.Ps(Cooperative Society Ltd.) but was not paid the maturity amount when claimed.  She had invested her hard earned money and purchased 8 number of fixed deposit certificates named and styled “F64 GOLDEN A-DOUBLE” on 13.2.16 which was due for maturity on 13.6.2021.  As it appears she had invested a sum of Rs.17,000/- each in 8 number of the certificates and was supposed to get a sum of Rs.34,000/- each from those eight 8  certificates.  Thus she has filed this case complaining gross deficiency in service, adoption of unfair trade practice by the O.Ps and to direct the O.Ps to pay her a sum of Rs.2,52,000/- towards the maturity amount of her 8 number of fixed deposit certificates alongwith interest @ 12% per annum from the date of maturity till the final payment is made.  She has also claimed a sum of Rs.50,000/- towards her mental agony and towards the harassment caused to her and also to allow her complaint petition with cost alongwith any other relief as found fit and proper.

            She has attached copies of the said 8 number of certificates in order to prove her case.

2.         On the other hand, both the O.Ps are set exparte having not contested this case. 

3.         The points for determination in this case are as follows:

            i.          Whether the complainant has any cause of action to file this case?

            ii.         Whether there is any deficiency in service on the part of O.Ps?

            iii.        Whether the O.Ps had adopted any unfair trade practice?

            iv.        Whether the complainant is entitled to the reliefs as claimed?

Points No.1 & 2.

            For the sake of convenience points no.1 & 2 are taken up together first for consideration.  As it appears from the complaint petition being supported with the copies of the fixed deposit certificates, it is quite clear that in fact the complainant had invested a sum of Rs.17000/- each in the 8 number of fixed deposits named and styled as “Humara India Credit Cooperative Society Ltd.” belonging to the O.Ps.  Thus, the complainant had invested a sum of Rs.1,36,000/- and was expecting a sum of Rs.2,72,000/- by 13.6.21 from the O.Ps as per the scheme.  As per the agreement and acceptance of proposal which the O.Ps had shown and assured to the complainant and the complainant was thereby lured to invest a huge amount and had purchased the said eight number of fixed deposit certificates and when the matured amount was not disbursed by the O.Ps on the fixed date, it can safely be said here in this case that there was deficiency in service and the O.Ps had adopted unfair trade practice.  These two points are answered against the O.Ps in this case.

Point No.3.

            From the above discussion, it can well be said here that the complainant had a definite cause of action to file this case.  Accordingly this issue is answered in favour of the complainant.

Point No.4.

            The complainant is thus entitled to the reliefs as claimed by her. Hence it is so ordered;

                                                               ORDER

            The case is decreed exparte against the O.Ps.  Both the O.Ps  are jointly and severally liable and are thus directed to disburse the fixed deposit amount of the eight number  of fixed deposit certificates to the complainant forthwith together with interest @ 9% per annum from  13.6.21 till the date of final payment.  The O.Ps are also directed to pay an amount of Rs.50,000/- to the complainant towards her mental agony and harassment.  They are further directed to pay to the complainant a sum of Rs.20,000/- towards the litigation cost.

Order pronounced in the open court on the 7^th day of June,2022 under the seal and signature of this Commission.

                                                                                                                                                                                                                                                  

                                                                                                                              Sri Debasish Nayak

                                                                                                                                        President

                                                                                                                       

                                                                                                                             

                                                                                                                         Sri Sibananda Mohanty

                                                                                                                            Member.