DATE OF DISPOSAL: 06.08.2024
PER: SRI SATISH KUMAR PANIGRAHI, PRESIDENT:
The fact of the case in brief is that the complainants have filed this Consumer complaint under section 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the Opposite Parties (in short O.Ps.) and for redressal of her is grievance before this Commission.
2. The O.P.No.1 is doing business in the name and style of SAHARNY UNIVERSAL MULTIPURPOSE SOCIETY LIMITED, having its registered office at 195, Zone No.1, in front of D.B. Mail, M.P.Nagar, Bhopal, Madhyapradesh and being represented by it’s Managing Director and among other places one of its branch office is at Baunsalundi, Main Road Bhanjanagar, in the district of Ganjam i.e. O.P.No.2 and O.P.No.3 is the agent of the O.P.No.1 & 2, whereas the complainant is a housewife by profession. Prior to 2017 the O.P.No.3 approached to complainant for investment in his company i.e. in O.P.No.1 & 2 and believing the words of the agent of O.Ps the complainant invested some amount of money which was matured and the O.P.No.3 on behalf of the other O.Ps stated that a case is filed against the O.P.NMo.1, by the Government and there is some difficult on part of O.P.No.1 to disburse maturity amount an it will take some time and the O.P.No.2 & 3 advised to reinvests the said amount in SUPRE IT Scheme of O.P.No.1. On 31.12.2017 the complainant reinvested vide contribution receipt No. 034035769368 and bond No.507000778018 of Rs.15,000/- which is for a period of 48 months, and its maturity interest value is Rs.35,373/-. Further invested on same day of Rs.35,000/-vide contribution receipt No.034035769369 and bond No. 507000778019 for a period of 48 months and its maturity interest value of Rs.82,645/-. Further the complainant deposited a sum of Rs.35,000/-vide contribution receipt No.034035769370 and bond No. 507000778020 for a period of 48 months and its maturity interest value is Rs.82,645/-. And on the same day the complainant deposited an amount of Rs.40,700/- Super IT receipt No. 34035769371 and bond No.507000778021 for a period of 48 months and its maturity interests value is Rs.96,102/- . On 04.01.2022 the complainant approached to the office of O.P.No.2 with the help of O.P.No.3 for withdraw of her maturity amount but the O.Ps did not cooperate to the complainant for withdrawn of the maturity amount and they are avoiding to make the payment as they are duty bound to provide service to the complainant, and they failed to provide proper service to the complainant, hence the O.Ps are liable to pay the compensation to the complainant jointly and severally. The complainant deposited principal amount of Rs.1,25,700/- and its interest maturity value comes to Rs.2,96,765/- only. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to pay the maturity value of Rs.4,22,456/- , compensation of Rs.1,00,000/- and litigation cost of Rs.10,000/- in the best interests of justice.
3. The Commission condones delay and admitted the case and issued notice to the O.Ps. But the Opposite Parties neither choose to appear nor filed any written version.
4. The Commission perused the case record, it is revealed that the Complainant is absent soon after the complaint is admitted i.e. from 22.03.2022 and not filed steps in any point of time. However, the complainant filed steps on 04.06.2022 and 29.08.2023. Apart from these two steps, the Complainant neither has taken any steps in his credit nor against the opposite party nor also did not prove his case in accordance to the Complaint as per Consumer Protection Act. To prove his case, the Commission provided ample of opportunities to the Complainant. The complainant failed to perform his obligatory duty to remain present at the time of hearing as required under Rule 4 Sub Rule 8 of the Odisha Consumer Protection Rules, 1987.
In the result, the Commission dismissed the complaint for default of appearance.
The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.
A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019.
The file is to be consigned to the record room along with a copy of this Judgment.
Pronounced on 06.08.2024.