This complaint under C.P. Act., 2019 was initially filed against the O.P.  Sahara Credit Co –Operative Society Limited. Represented by: The Branch Manager, Sahara Credit Co –Operative Society Limited, Sakti Sangha Club Compound, 1^st Floor, Kadamtala .Jalpaiguri Town, Police Station –Kotwali, Post Office and District  Jalpaiguri, Pin -735101 (West Bengal) and the O.P. is contesting the case by filing W.V. at the earlier stage of this case but after that several opportunities had been given to the O.P. but the O.P. had failed to contest the case. So, this Commission has given this judgment on merit.    

The case of the complainant as per his complaint is as follows-

The complainant told in his plaint that he had a fixed deposit of Rs.50,000/- (Rupees  fifty  Thousand) only ,on 31-08-2015, for a period of 18 (Eighteen) months, with  the O.P. and the O.P. had issued  4 (Four) numbers of  ‘Deposit Certificates’ bearing  certificates  No.925000481441 for Rs. 14,000/- (Rupees Fourteen Thousand) only, dated 28-02 -2017, Certificate No. 925000481442 for Rs. 12,000/ (Rupees Twelve Thousand) only, dated 28-02-2017, Certificate No. 925000481443 for Rs.12,000/- (Rupees Twelve Thousand) only, dated 28-02-2017 and Certificate No.925000481444 for Rs. 12,000/- (Rupees Twelve Thousand) only, dated 28-02-2017. The grand  total  Maturity Amount  receivable by the complainant  from  the O.P. on/ after the date of maturity period of 18 (Eighteen) months, i.e., on 28-02-2017, being  Rs. 58,150/- (Rupees Fifty-Eight Thousand, One Hundred and Fifty) only.

The complainant also argued in her plaint that after attaining the date of maturity of the aforesaid fixed deposit amount, the complainant visited the O.P.  on 28-02-2017 and requested  before  its  Branch Manager, by placing all the Deposit Certificates  and  following all formalities to settle her legitimate  claims and make payment of her receivable amount to the  tune  of  Rs. 58,150/- (Rupees Fifty  Eight Thousand, One Hundred and Fifty) only. But, shockingly the O.P. failed and neglected to settle the complainant’s legitimate claim.

 The complainant also argued in her plaint that she wrote a letter to the O.P. dated  19-07-2017 for arranging payment of the matured fixed deposit amount together with up-to-date interest but did not get any response from O.P. ‘s end .  The complainant also added that being a senior citizen she did not give any preference or benefit from the O.P. and such was a level of pain and agony suffered by the complainant in the hands of the O.P. that she fell ill and got entirely bed- ridden for a prolonged period and was financially broken due to very inadequate funds. She also added in her plaint that once again she sent a letter to the O.P. dated 20-10-2020 for arranging payment of the matured deposited amount with up-to-date interest but all were in vain.

The documents filed by the Complainant  are as follows 

1. Photocopy 04 (Four) numbers of Fixed Deposit Certificates issued by the O.P. in favour of the complainant.
2. Photocopy of the letter dated 19/07/2017, issued by the complainant in favour of the Branch Manager of the O.P. with Postal Receipt.
3. Photocopy of the letter dated 22/10/2020 issued by the complainant in favour of the Branch Manager of the O.P. with Postal Receipt.

The complainant therefore prays for-

1. Pass an order directing the O.P. to pay to the  complainant her legitimately receivable fixed deposit amount  of Rs. 58,150 (Rupees  Fifty Eight  Thousand , One Hundred and Fifty) only, together with up-to- date interest  till the  date of its recovery.
2. Pass an order directing to the O.P. for payment of overdue interest at the rate 12% per annum upon the aforesaid amount till the date of its recovery.
3.  Pass an order directing the O.P. to pay the complainant an amount of Rs. 50,000/- (Fifty Thousand) only, as compensation against the constant tremendous mental stress and agony caused to her and her family members.
4. Pass an order directing the O.P. to pay the complainant an amount of Rs. 10,000/- (Rupees Ten Thousand) only for the cost of litigation.
5. Pass an order directing the O.P. to pay the complainant, a total claim of [(Rs. 58,150/- + (Rs. 50,000/-) + (Rs. 10,000/-) = Rs. 1, 18, 150/-] (Rupees One Lac Eighteen Thousand One Hundred and Fifty) only.

 The O.P., Sahara Credit Co –Operative Society Limited. Represented by: The Branch Manager, Sahara Credit Co –Operative Society Limited, Sakti Sangha Club Compound, 1^st Floor,  Kadamtala, Jalpaiguri Town, Police Station  Kotwali, Post Office & District Jalpaiguri, Pin -735101 (West Bengal) who contested the case and as per his Written Version (W.V.) the case is as follows-

  The O.P.in his W.V. categorically denied all the allegations made by the complainant but the O.P. did not categorically deny the fact of this case which is clearly mentioned in THE Para No.- 04 of his W.V. 

   Points for consideration

1. Whether the complainant consumer?
2. Whether the case is maintainable under the C.P. Act 2019?
3. Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?
4. Is the complainant is entitled to get any award and relief as prayed for?

All the points are taken up together for consideration and decision.

Seen and perused the complaint petition and Written Version filed by the parties which are supported by the affidavit, documents filed by the parties. We are also heard arguments of the complainant in full length.

The complainant resides in the jurisdiction of Jalpaiguri and the O.P. is carrying his business in Jalpaiguri having his registered office at Jalpaiguri. Thus, the Commission has no doubt that the complainant is a very much consumer as per the Consumer Protection Act- 2019 and also there is no doubt that this Commission has its jurisdiction to decide this case.

The complainant had a fixed deposit of Rs.50,000/- (Rupees  fifty  Thousand) only ,on 31-08-2015,for a period of 18 (Eighteen) months, with  the opposite party had  issued  4 (Four) numbers of  Deposit Certificates bearing  certificates  No.925000481441 for Rs. 14,000/-(Rupees Fourteen Thousand) only, dated 28-02 -2017, Certificate No. 925000481442 for Rs. 12,000/-(Rupees Twelve Thousand) only, dated 28-02-2017, Certificate No. 925000481443 for Rs.12,000/-(Rupees Twelve Thousand)only, dated 28-02-2017 and Certificate No.925000481444 for Rs. 12,000/-(Rupees Twelve Thousand) only, dated 28-02-2017. The grand  total  Maturity Amount  receivable by the complainant  from  the opposite party on/ after the date of maturity period of 18 (Eighteen) months, i.e., on 28-02-2017, being  Rs. 58,150/- (Rupees Fifty-Eight Thousand, One Hundred and Fifty) only.

The complainant several times tried to get back her legitimate claim but the O.P. failed to settle her said legitimate claim of Rs. 58,150/- /-(Rupees Fifty Eight Thousand, One Hundred and Fifty ) only.

So, as per the above discussion it is very much clear that there was a deficiency of service from the part of Sahara Credit Co Operative Society Limited and this Commission has no doubt that there was a deficiency of services from the part of the O.P. In the instance case, the complainant is entitled to get Rs. 58,150/- (Rupees Fifty  Eight Thousand, One Hundred and Fifty) only for her claim along with the interest of 7% per annum from the date of maturity of that said Fixed Deposit i.e. from 28/02/2017 till the realization of the total amount. The complainant is also entitled to get Rs. 5,000/- (Rupees Five Thousand) only for mental pain and agony and she is also entitled to get Rs. 5,000/- (Rupees Five Thousand) only for litigation cost.                                                                                                                

      That the Consumer Case No. 24/21 be and same is allowed in contest against the O.P. (Sahara Credit Co –Operative Society Limited).

                             Hence it is,

ORDERED

That the complaint being No. CC/24/2021 filed by the complainant is allowed. The O.P. (Sahara Credit Co –Operative Society Limited) is directed to pay Rs. 58,150/- (Rupees Fifty – Eight Thousand, One Hundred and Fifty) only for her claim along with the interest of 7% per annum from the date of maturity of that said Fixed Deposits i.e. from 28/02/2017 till the realization of the total amount, the complainant is also entitled to get Rs. 5,000/- (Rupees Five Thousand) only for mental pain and agony and she is also entitled to get Rs. 5,000/- (Rupees Five Thousand) only for litigation cost. The O.P. (Sahara Credit Co –Operative Society Limited) is directed to issue account payee cheque in favour of complainant within 30 days (Thirty days) from the date of this order failing which the complainant has a liberty to put the case in Execution.

            Let a copy of this judgment be given to the parties directly or through their representative Ld. Advocate for compliance free of cost.