Orissa

Cuttak

CC/90/2022

Ashok Kumar Das - Complainant(s)

Versus

Regional Manager,Sahara India - Opp.Party(s)

A K Mohanty & associates

27 Jan 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.90/2022

 

Ashok Kumar Das,

S/O: Late Balalram Das,

Residing at Plot No.776/F,

Sector-6,P.O:Abhinaba Bidanasi,

P.S:Markatnagar,Cuttack-753014.                                                  ... Complainant.

 

                                                                Vrs.

1.         The Regional Manager,

Sahara India,Cuttack Regional Office,

Cuttack Sector,Bajrakabati Canal Road,

Cuttack-753001.

 

2.        Manager, Sahara India Cuttack Sector,

Cuttack Regional Office,Bajrakabati Canal Road,

Cuttack-753001.

 

 

3.       Sahara Credit Cooperative Society Limited,

Represented through its Authorized Signatory,

Regd. Office: Sahara India Bhawan,1,

Kaporthala Complex Aliganj,Lucknow-226024.                              ... Opp. Parties.

 

 

Present:               Sri Debasish Nayak,President.

                                                Sri Sibananda Mohanty,Member.

 

               Date of filing:     17.05.2022

Date of Order:    27.01.2023

 

For the complainant:           Mr. A.K.Mohanty,Adv. & Associates.

For the O.Ps.              :           None.

 

Sri Debasish Nayak,President.                         

          Case of the complainant as made out from the complaint petition in short is that he became a member of a fixed deposit scheme called “Sahara E Shine” floated by the O.Ps and had deposited a sum of Rs.30,000/- on 5.6.2012 whose assured amount was Rs.78,360/- and the date of maturity was on 5.6.2020.  The certificate bearing no.351004552994 was issued in his favour by the O.Ps.  When no amount was released in his favour after  lapse of the maturity date on 8.6.2020, the complainant had met O.P no.1 and also had met O.P no.2 on 14.7.2020.  As per the advice of O.P no.2, he had also met him on 7.9.2021  and had also met him again on 17.11.2021.  He had thereafter issued a legal notice on 21.12.2020 to the O.Ps.  Ultimately, he had to approach this Commission by filing a complaint petition seeking the matured sum of Rs.78,360/- alongwith 18% interest and a further sum of Rs.10,000/- towards his mental strain and agony and also a sum of Rs.5000/- towards his litigation expenses from the O.Ps.

          In order to support his case he has filed copies of several documents alongwith his complaint petition.

2.       Having not contested this case, the O.Ps were set exparte vide order dt.19.8.2022.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps.?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point no.II.

Out of the three points, point no.ii  being the pertinent one is taken up  first for consideration here in this case.

Admittedly, the complainant became a member of the fixed deposit schemes of O.Ps and had deposited a sum of Rs.30,000/- in their fixed deposit scheme namely “Sahara E Shine” on 5.6.2012 thereby getting certificate bearing no.351004552994 which was issued in his favour by the O.Ps.  After lapse ofthe maturity date when no amount was released in favour of the complainant, the complainant had met both the O.Ps no.1 & 2 on different dates but of no avail.  So being harassed, the complainant issued legal notice to the O.Ps on 21.12.2020and ultimately  had to file this case before this Commission for redressal of his grievances.  The complainant was made to understand that he would be getting the matured sum of Rs.78,360/- on 5.6.2020.  But instead of giving the same the O.Ps had turned a deaf ear towards him.So the O.Ps have definitely committed deficiency in service by not releasing the maturity amount of the fixed deposit of the complainant.  This issue is thus answered in favour of the complainant.

Points no.i & iii.

From the discussions as made above, the case of the complainant is maintainable and the complainant is entitled to the reliefs as claimed by him.  Hence it is so ordered;

                                              ORDER

Case is allowed exparte against the O.Ps who are found to be jointly and severally liable here in this case.  The O.Ps are thus directed to pay the matured amount i.e. Rs.78,360/- to the complainant alongwith interest thereon @ 12% from the date of maturity i.e. 5.6.2020 till the total amount is quantified.  The O.Ps are also directed to pay a sum of Rs.10,000/- towards the mental agony of the complainant and further to pay a sum of Rs.5000/- towards his litigation cost  within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 27^th  day of January,2023 under the seal and signature of this Commission.    

                                                                                                                   Sri Debasish Nayak

                                                                                                                             President

         

 

                                                                                                               Sri Sibananda Mohanty

                                                                                                                               Member