DATE OF DISPOSAL: 12.11.2020
Sri Karunakar Nayak, Member :
The complainants have filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Party ( in short the O.P.) and for redressal of their grievance before this Forum.
2. Briefly stated the cases of the complainants are that the complainant No.1 is a farmer and doing cultivation in the village. The complainant No.1 came across the financial schemes advertised and floated by the O.P. The schemes are (1) Universal Magic Box Benefit (2) Super Magic Box Benefit which were alluring and having lucrative payments in return to the depositors and investors. Before understand the entire concept of the above scheme, the complainant No.1 deposited an amount of Rs.1558/- as per scheme according to the advertisement made by the O.P. in the month of September-October 2009. When the complainant No.1 claimed the matured amount, the O.P.cunningly converted the said matured amount in Micro Credit and fixed the maturity amount to Rs.2706/- as per deposit of Rs.1558/- and fixed the maturity date to sometime in the month of September 2017. The O.P. has collected the said micro credit passbook and certified form of money receipts from the complainant No.1 on 10.08.2016. After maturity date, when the complainant No.1 approached and claimed the maturity amounting of Rs.2706/-, the O.P. has paid deaf ear to the complaint of the complainant No.1. The complainant No.1 approached and authorized one consumer protection centre of the Bramhapur city namely ‘VEDIC’ the complainant No.2 to help to redress the matter. Accordingly, the complainant No.2 on behest of the complainant No.1 issued a Demand Notice dated 19.10.2017 through Registered post with AD on 27.10.2017 to the present O.P. along with two other responsible persons of the Datum Marketing Company but all in vain. Alleging deficiency in service on the part of the O.P. the complainants prayed to direct the O.P. to pay entire amount of Rs.6624/- including matured amount of Rs.2706/- and other expenses amount of Rs.3918/-, compensation of Rs.1000/- and cost of Rs.1000/- in the best interest of justice.
3. Notice was issued against the O.P. The O.P. appeared through his advocate but not filed any written version. As such the O.P. declared exparte on 16.10.2020.
4. On the date of hearing of the consumer complaint learned counsel for the complainant is present. We heard argument from the advocate for the complainant at length and perused the complaint petition, written argument and materials placed on the case record. It reveals from the complaint petition that the complainant No.1 has authorized Mr. Satis Kumar Panigrahi, Secretary, “VEDIC Consumer Organization, Bramhapur vide Registration No.: GJM-7498-62/2006-07” i.e. complainant No.2 to conduct the case on his behalf. Further, it also reveals that complainant No.2 has filed this case on behalf of complainant No.1 (B.Krishnamurty Reddy). In the instant case neither complainant No.1 nor complainant No.2 has filed any documentary evidence i.e. deposit receipt or fixed deposit receipt of money etc. in support of their claim. But taking the sole testimony of the complainant as well as affidavits in to consideration, we accepted the contentions of the complainants as true. Law is well settled in case of Mrs. Puneet Kaur versus Hindustan Financial Management Ltd. and others reported in 2003(1) CPR 274 where in the Hon’ble National CDR Commission, New Delhi has held that “Non payment of fixed deposit amount on its maturity by Financial Institution constitutes deficiency in service”.
In view of the above decision of law, the complainants’ case is allowed on exparte against the O.P. The Opposite Party is directed to pay the maturity value of Rs.2706/- (Rupees Two Thousand Seven Hundred Six) only to the complainant No.1 along with 8% interest per annum from the date of filing this case i.e. on 22.10.2019 within 60 days from receipt of this order. Further the O.P. is also directed to pay Rs.1000/- for compensation alongwith Rs.500/- as cost of litigation to the complainant No.1 within the above stipulated period failing which all the dues shall carry 12% interest per annum.
The order is pronounced on this day of 12th November 2020 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.
