Orissa

Koraput

CC/2/2018

Mrs. Sujata Patra - Complainant(s)

Versus

Manager, Jeypore Sector, Sahara India - Opp.Party(s)

Sri S. Mishra

04 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM
KORAPUT AT JEYPORE,ODISHA
 
Complaint Case No. CC/2/2018
( Date of Filing : 22 Dec 2017 )
 
1. Mrs. Sujata Patra
At-Barlahandi, PO-Phampuni, Jeypore
Koraput
Odisha
...........Complainant(s)
Versus
1. Manager, Jeypore Sector, Sahara India
At/PO-Jeypore
Koraput
Odisha
2. Zonal Manager, Sahara India, Zone Office
Plot No.50, Sahid Nagar, Bhubaneswar-7
Khurda
Odisha
3. Credit Cooperative Society Ltd., Sahara India Bhawan, represented by its Managing Director- Chairman.
01-Kapoorthala Complex, At/PO-Aliganj. Lucknow-226 024
Uttarpradesh
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. BIPIN CHANDRA MOHAPATRA PRESIDENT
 HON'BLE MRS. Nibedita Rath MEMBER
 HON'BLE MR. Jyoti Ranjan Pujari MEMBER
 
For the Complainant:Sri S. Mishra, Advocate
For the Opp. Party: Sri S.K. Mohanty, Advocate
Dated : 04 Aug 2018
Final Order / Judgement

.                       The brief history of the case of the complainant is that she had opened 10 number of A/cs. with the Ops, in the scheme F2 Sahara Select under fixed deposit scheme as detailed below:-

A/c. Nos.                                  Schemes                      Total deposits

1. 41835600250                      F2 Sahara Select         Rs.19, 000/-  on 23.12.2015

2. 41835600251                      F2 Sahara Select         Rs.19, 000/-  on 23.12.2015

3. 41835600252                      F2 Sahara Select         Rs.19, 000/-  on 23.12.2015

4. 41835600253                      F2 Sahara Select         Rs.19, 000/-  on 23.12.2015

5. 41835600254                      F2 Sahara Select         Rs.19, 000/-  on 23.12.2015

6. 41835600255                      F2 Sahara Select         Rs.19, 000/-  on 23.12.2015

7. 41835600256                      F2 Sahara Select         Rs.19, 000/-  on 23.12.2015

8. 41835600257                      F2 Sahara Select         Rs.19, 000/-  on 23.12.2015

9. 41835600258                      F2 Sahara Select         Rs.19, 000/-  on 23.12.2015

10. 41835600259                    F2 Sahara Select         Rs.20, 000/-  on 23.12.2015

                                                                                    Rs.1, 91,000/-

It is submitted that the complainant in the above manner has deposited a sum of Rs.1, 91, 000/- with maturity value of Rs.2, 25, 380/- as on 23.06.2017 as per policy bond and  she approached the OP.1  on 26.06.2017 to close her above accounts and pay the proceeds thereof but the OP advised her to come after one month.   The complainant also demanded her claims by depositing necessary papers with the Ops on 28.07.2017 but the OP.1  after receiving the documents advised the complainant to come on 29.09.2017.  The complainant submitted that instead of repeated approach after demands, the Ops are not paying any heed to the rquest of the complainant.  Thus alleging deficiency in service and unfair trade practice on the part of the Ops, she filed this case praying the Forum to direct the Ops to refund Rs.2, 25,380/- with interest and  necessary benefits attached to the schemes and to pay Rs.50, 000/- towards compensation in favour of the complainant

2.                     The Ops though entered their appearance through their A/R, did not prefer to file counter but the A/R for the Ops participated in the hearing.

3.                     The complainant has filed certain documents in support of her case. Heard from the Ops as well as complainant through their respective A/Rs and perused the materials available on record.

4.                     In this case, it is an admitted fact that the complainant has availed F2 Sahara Select Fixed Deposit Scheme from the Ops on 23.10.2015 under ten accounts ( Certificate Sl. No.41835600250 to 41835600259) and has deposited a sum of Rs.1, 91,000/-. Her case is that she approached Ops to receive maturity amount but the Ops are not paying any heed to the requests of the complainant with different pleas.

5.                     While coming to the merit of this case, it is seen that the complainant has deposited her money under the schemes as detailed supra.  When the complainant needs her money after maturity, the Ops have no right to retain the money involved in it.  On approach of the complainant, it is obligatory on the part of the Ops to release the benefits forthwith but in this case due to non release of maturity value the complainant has approached this Forum.  The complainant has filed 10 Nos. of Fixed Deposits receipts under the seal and signature of OP.1 from which it was ascertained that the complainant has duly demanded for payment but no money was given to the complainant.  Hence non release of amount in favour of the complainant after due demand, in our opinion certainly amounts to unfair trade practice on the part of the Ops.  Due to non receipt of deposited amount with benefits, the complainant must have suffered some mental agony but in the peculiar circumstances of the case, we are not inclined to grant any compensation in favour of the complainant except a sum of Rs.2000/- towards cost of this litigation.  Further in this case, the OP.1 has issued bond after receiving the amount.  Hence the said OP.1 is liable to pay the deposited amount to the complainant with due interest as per scheme till date of payment.  The OP. No.2 being the head of the Sahara Group is also jointly liable for payment of maturity amount to the complainant.

7.                     Hence ordered that the complaint petition is allowed in part and the Ops 1 & 3 being jointly and severally liable are directed to refund Rs.1, 91,000/- under F2 Sahara Select scheme with as usual assured benefits under the schemes till actual payment and to pay Rs.2000/- towards cost to the complainant within 30 days from the date of communication of this order.  If the Ops failed to make payment within the given period, they are to pay Rs.100/- towards compensation per day to the complainant from the date of this order over and above the guaranteed interest under the scheme.

(to dict.)

 
 
[HON'BLE MR. BIPIN CHANDRA MOHAPATRA]
PRESIDENT
 
[HON'BLE MRS. Nibedita Rath]
MEMBER
 
[HON'BLE MR. Jyoti Ranjan Pujari]
MEMBER

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