For the complainant: In Person
For the O.Ps: Sri M.P.Singh, Advocate
JUDGMENT
The facts of the complaint in brief is that the complainant has deposited Rs.10,000/- on dt.19.01.2005 vide Receipt No.010145908650 with the Opp.Party Sahara India, Bhawanipatna Branch and the maturity amount of the said amount if 30,000/- on 19.03.2017. The complainant applied for withdrawal of the maturity amount on dt.31.03.2017 but the Opp.Party did not listen to the complainant. Again on 31.12.2017 the complainant applied for the same and the Opp.Party promised to pay the said amount within 3.03.2018 but the Opp.Party failed to pay the said amount. The complainant contacted the Opp.Party from time to time but the Opp.Party has paid a deaf year and due to non payment of the said amount the complainant sustained mental agony and hence prayed to direct the OP to pay the maturity amount with interest and compensation for mental agony for harassment . Hence, this complaint.
Being notice the Opp.Party appeared through Sri M.P.Singh, Advocate and filed written version denying the petition allegations. It is submitted by the Opp.Party that the present complaint has been filed for payment of the prematurity amount without submitting required documents. The complainant has suppressed the material fats and he is not entitle for any relief. The Hon’ble forum has no jurisdiction to entertain and try the present case as the complainant has entered into arbitration agreement with the opposite party. At the time of investment the complainant had entered into a contractual liability with the opposite parties where in he has agreed to abide with the terms and conditions of the scheme of the society. Hence, prayed to dismiss this case with cost.
Now the point for consideration is whether the complainant is entitled to get the relief as prayed for ?
We perused the material available on record placed by the complainant. The case of the complainant is that he has paid an amount of Rs.10,000/- to the Opposite Party and the maturity amount is Rs.30,000/- as per the terms agreed but the Opp.Party did not act according to the bond to pay the amount after the maturity of the bond in spite of the repeated demands and the efforts made by the complainant. Hence, this complaint was filed.
In reply the Opposite party submitted that the complainant has applied for payment of prematurity without submitting any documents. But on perusal of documents filed in this case by the complainant we found that the date of deposit is 19.01.2005 and the deposited amount is Rs.10,000/- and the redemption Value is Rs.30,000/- and the date of redemption is 19.03.2017. As per the allegation of the complainant, he has applied for withdrawal of maturity amount on 31.03.2017. So it is very clear that the complainant has rightly applied after maturity of his deposited amount and the Opp.Party can not say that the complainant has applied payment of prematurity amount. In view of the above the Opp.Party found deficient in their service in not payment the deposited amount of the complainant in time. Hence, we allowed the complaint petition and direct the Opp.Party to pay the maturity amount with interest. O R D E R
The Opposite Party Sahara India , Bhawanipatna Branch is directed to pay the maturity amount of Rs.30,000/- with 9% interest from the date of their maturity i.e. 19.03.2017 along with compensation of Rs.2,000/- towards mental agony and harassment with litigation expenses of Rs.1,000/-to the complainant within 30 days from the date of receipt of this order till the date of its payment.
Pronounced in open forum today on this 17th day of January,2019 under the seal and signature of this forum.
Member President
Documents relied upon:
By the complainant:
- Receipt No.010145908650 & 963000910961
By the Ops: Nil.
