Date of Filling:            18.07.2018

Date of Disposal:        22.07.2022

Appearance:

For the Complainant:Advocate Sri Krushna Chandra Sahu

For the Opposite Parties:Advocate Sri Lalatendu Panigrahi

Advocate Sri Arbind Patnaik

Advocate Sri Nihar RanjanPatnaik

Shri P. Surya Rao, President

The fact of the case in brief is that the Complainant has filed this Consumer Complaint under Sec. 12(1)(a) of the Consumer Protection Act, 1986 alleging deficiency in services and unfair trade practice by the Opposite Party and for redressal of his grievance before this Commission.

The fact of the case as averred by the complainant is that the complainant is a woman. The complainant came across the different financial schemes advertised and floated by the OP which were alluring and promising lucrative payments in return to the depositors. Accordingly the complainant has deposited with the opposite party. The opposite party has issued a Micro Credit’ passbook in favour of the Complainant in the year August, 2014 bearing No.:26000112019126483 of Rs.69050.01/-, No.:260001121019979483 of Rs.49025.5/-. Prior to the maturity of the said Micro Credit account, the opposite party has collected the original pass book from the complainant. When the said amount under Micro Credit was matured on 07.08.2017, the complainant has approached the opposite party in person and through telephone several times and incurred Rs.4000/- towards travel, etc., but every time the OP refused to pay the matured amount to the complainant. And in constraint, the complainant knocks the door of this Commission and filed this complaint for deficiency in services and unfair trade practice against the OP under the Consumer Protection Act 1986 and prayed thereof.

Admitting the Consumer Complaint, this Commission has issued notice to the opposite party and duly acknowledging the same the opposite party has appeared through her Advocate before this Commission. But the OP did not file the written version in consonance with the Act, 1986 and found absent on all most all the dates. And the averment of the Complainant is remains unchallenged by the OP.

Citation:        

• Mrs. Puneet Kaur vs. Hindustan Financial Management Ltd. & Others - reported in 2003 (1) CPR 274 (NC).

We have heard the learned Counsel for the Complainant and have gone through the documents on record.

In the instant case it reveals that the complainant has filed copy of the Micro Credit Pass Book in support of her claim. She only filed a notarised affidavit along with the complaint. By taking the sole testimony of the complainant and an affidavit as well into the consideration, we accepted the contentions of the complainant as true and correct. Law is well settled in the case of Mrs. Puneet Kaur vs. Hindustan Financial Management Ltd. & Others reported in 2003 (1) CPR 274 (NC) wherein the Hon’ble National Consumer Disputes Redressal Commission, New Delhi was held that, “Non-payment of fixed deposit amount on its maturity by Financial Institution constitutes deficiency in service.”

Keeping in view of the above decision and the provisions of law of the land, the Commission allowed partly the case of the above named Complainant against the OP.

Hence, the Opposite Party is directed:-

1. To pay the maturity amount of Rs.1,18,075.51p (Rupees One Lakh Eighteen Thousand Seventy Five and Fifty one paise) only to the complainant along with 9% interest per annum from the date of filling of this case i.e., 18.07.2018 till its actual realisation.
2. To pay Rs.1500/- (Rupees Twelve Hundred) as litigation expenses.

This order shall be complied with by the Opposite Party within one month from the date of receipt of this order, failing which, it shall be liable to pay the entire amount from (i) to (iii) along with interest @ 12% p.a. from the date of the order of this case till its actual date of realization and the complainant is at liberty to take appropriate steps in accordance to the Consumer Protection Act, 1986 for realisation of all dues.

Certified copy of this order be communicated to the parties free of cost.

A copy of this order be also sent to the Secretary, State Consumer Disputes Redressal Commission, Odisha, Cuttack for information and a copy of same be sent to the server of www.confonet.nic.in for posting in internet. After compliance the case record be consigned to record room.

This order is sealed and signed on 22^th July 2022 and pronounced on in open Commission.

I agree                         I agree

Sd/-                             Sd/-                             Sd/-

MEMBER(W)                        MEMBER                   PRESIDENT

Evidence on affidavit of the Complainant is filed as PW-1.

A written argument of the complainant is filed.

Written Version of the Opposite Party: NIL

Evidence on affidavit of the opposite party: NIL.

Written Argument filed by the Opposite Party: NIL.

List of Exhibits:-

On behalf of the Complainant:          

Ext. 1 – Micro Credit Passbook

Ext. 2 – Company Certificate

On behalf of the Opposite Parties:

NIL.

                                                                                                (Dict.)

MEMBER(W)                        MEMBER                   PRESIDENT

1. pending before OPID Court, Berhampur)

   PRESIDENT

D.C.D.R.C., Ganjam, Berhampur.