Orissa

Cuttak

CC/219/2023

S Kamaraju Acharya - Complainant(s)

Versus

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

Mrs B Kar & associates

23 Nov 2023

ORDER

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

C.C.No.219/2023

         S.Kamaraju Achary,

         S/o: Late Kasinath Achary

         Plot No.3C/876,Sector-10,CDA,

         Cuttack-753014.                                                        ... Complainant.

 

                                                Vrs.

Branch Manager,

Sahara India Pariwar,Main Road,

                        Bhanjanagar,Pin 761126                                              ...Opp.Party

 

 

Present:           Sri Debasish Nayak,President.

                        Sri Sibananda Mohanty,Member.

 

             Date of filing:     27.06.2023

            Date of Order:   23.11.2023

 

For the complainant:           Mr. B.Kar,Adv. & Associates.

For the O.P.               :           None.

 

Sri Sibananda Mohanty,Member.                          

          The case of the complainant in short is that he had invested money in a fixed deposit scheme of O.P namely “F-64 GOLDEN A DOUBLE” having A/c. No.11986401301 on payment of Rs.8,000/- on 23.05.2016, which was to be matured on 23.09.2021.    After the maturity date, the complainant in order to get his matured amount from the O.P had visited the office of the O.P on many occasions but the O.P did not release his maturity amount.  Finally, he had issued legal notice to the O.P on 10.6.2023, which yielded no result.  Hence, the complainant has filed the present case with a prayer for a direction to the O.P to settle his claim over the maturity amount of Rs.16,000/- alongwith interest @ 12% per annum as well as compensation of Rs.1,00,000/- towards mental agony & harassment as well as litigation expenses.

          The complainant has filed some documents alongwith his complaint petition in order to prove his case.

2.         Having not preferred to contest this case the O.P has been set exparte vide order dt.27.7.2023.

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

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.P?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issue No.ii.

For the sake of convenience point no.ii  being the pertinent point is taken up first for consideration here in this case.

The averments as made by the complainant in his complaint petition gains ample corroboration from the documentary evidence,specifically xerox copy of Fixed Deposit certificate as  filed by him.

Admittedly, the complainant had deposited a sum of Rs.8,000/- on 23.5.2016 in one of the scheme of the O.Ps namely  “F-64 GOLDEN A DOUBLE” having A/c No. 11986401301.  After lapse of the maturity date, when no amount was released in his favour, the complainant had met the O.P on different dates but of no avail.  So being harassed, the complainant issued a legal notice to the O.P on 10.6.2023 and ultimately had filed this case before this Commission for redressal of his grievances.  The complainant was made to understand that he would be getting the matured sum of Rs.16,000/- on 23.9.2021.  But instead of giving the same, the O.P had turned a deaf ear towards him.  So the O.P has definitely committed deficiency in service by not releasing the maturity amount of the fixed deposit of the complainant after the maturity date.  This point is thus answered in favour of the complainant.

Issue no.i &  iii.

From the discussions as made above, the case of the complainant is definitely maintainable and the complainant is entitled to the reliefs as claimed by him.     Hence, it is so ordered;

                                    ORDER

The case is allowed exparte against the O.P. The O.P is directed to pay Rs. 16,000/- towards the maturity amount of the Fixed Deposit certificate in their scheme, namely “F-64 GOLDEN A DOUBLE” having A/c No. 11986401301 to the complainant alongwith interest thereon @ 8% per annum from the date of maturity i.e. on 23.9.2021 till the final payment is made.  The O.P is further directed to pay a sum of Rs.­­­­­­­­­­­­­­­­­­­­­20,000/- to the complainant towards compensation for his mental agony and harassment as well as a sum of Rs.5,000/- towards the litigation expenses.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 23^rd day of November,2023 under the seal and signature of this Commission.                                                                                                                               

Sri Sibananda Mohanty

                                                                                     Member.

 

 

                                                                                      Sri Debasish Nayak

                                                                                              President.