Date of Filing : 07/01/2021
Date of Judgement : 26/11/2024
Mrs. Monihar Begum, Hon’ble President-In-Charge
Brief facts of the case are that, complainant invested Rs.85,721/- with Opposite Parties under Hamara India Credit Co-operative Society Limited against Receipt No. 665015199259 bearing certificate No. 605002128772, Membership No. 673847000008 dt. 14/01/2017. Date of maturity of the certificate is 14/01/2020. Complainant invested the aforesaid amount under Hamara India Credit Co-operative Society Limited with their lucrative offer of maturity value. Despite maturity, the Opposite Parties did not refund the maturity amount of the certificate. Finding no other alternative, complainant issued letter dt. 29/09/2020 to the Opposite Parties demanding maturity amount, but the OPs did not respond to such demand letter. There is deficiency in service and unfair trade practice on the part of the OPs. Hence, the consumer complaint.
Upon notice, the OPs contested the case by filing written version denying and disputing all the allegations made out in the complaint petition and alleging that the complaint is not maintainable and liable to be dismissed as there was no cause of action to file the instant case. They also denied the allegation of unfair trade practice.
Ld. Advocate for the complainant filed photocopy of certificate bearing No. 605002128772 dt. 14/01/2017 alongwith copy of demand letter dt. 29/09/2020 claiming maturity amount dt. 20/09/2020.
The only point to be considered is, whether the complainant is entitled to get relief(s) as prayed for.
DECISIONS WITH REASONS
Complainant, Smt. Debkala Mishra has filed her evidence by way of affidavit supporting the allegation made out in the complaint. Despite giving opportunities, the OPs did not file their examination-in-chief in form of affidavit.
Ld. Advocate for the complainant has taken us through the consumer complaint as well as the evidence adduced of the complainant. On perusal of the photocopy of the certificate bearing No. 605002128772 dt. 14/01/2017 issued by the OPs to the complainant, it appears to us that the complainant invested Rs.55,808/- (Rupees Fifty Five Thousand Eight Hundred Eight only) to the OP 1 under Hamara India Credit Co-operative Society Limited. It is also clear from the said certificate that OPs had agreed to refund the investment amount within a period of 3 years from the date of issuance of certificate with interest mentioned therein. Complainant has categorically alleged that despite maturity, the OPs have failed and neglected to refund the maturity amount.
OPs are fully aware that they are liable to pay the matured amount of the certificate to the complainant on its maturity. Complainant invested her hard earned money with the OPs. The OPs deliberately made their illegal gains and deprived the complainant from her lawful rights. Thus, the OPs have adopted unfair trade practice and in fact, withheld the invested amount of Rs.44,808/- (Rupees Fifty Five Thousand Eight Hundred Eight only) alongwith statutory interest fully mentioned in the certificate, which no doubt adopted deceitful manner of trade. Complainant cannot wait for an indefinite period to get the matured amount. She has suffered mental agony, pain and harassment. To get the relief, she had to wage a long drawn legal battle.
In view of the foregoing discussions, we are of the view that the complainant is entitled to get relief as prayed for.
Hence, it is
ORDERED
- OPs are directed to refund the maturity amount of Rs.85,721/- to the complainant within 60 days from the date of this order.
- OPs are directed to pay a sum of Rs.10,000/- only to the complainant as compensation for mental agony, pain and harassment.
- OPs are further directed to pay Rs.5,000/- as litigation cost to the complainant within the stipulated period.
- Payments should be made within 60 days from the date of this order, in default the complainant will be entitled to get simple interest @5% per annum on the matured amount.
Liberty be given to the complainant to put the order in execution if the OPs fail to comply the directed after the period of 60 days.
Thus, the consumer case is disposed of on contest.
Dictated and corrected by
Member
