Smt. Sangita Paul, Member
This is a case filed by Smt. Sumitra Acharya, D/o. Late Parimal Acharya and W/o. Uttam Kumar Acharya of New Nandan, M N Roy Road, P.O. – Rajpur, P.S. – Sonarpur, S.D. – Baruipur, Dist. – 24 Pgs (South), West Bengal, Pin – 700 149 against Chairman and Managing Director of Sahara Credit Co-operative Society Ltd. with a prayer for a direction upon the OPs to pay maturity value of the fixed deposit of Rs.34410/- along with 18% interest, to pay Rs.10,000/- towards physical strain and mental agony suffered by the complainant and her family members, as compensation and to pay a sum of Rs.5,000/- as litigation cost.
The OP is an NBFC, engaged in the business of accepting deposits from the public and provides loan against deposits under Registration No:MSCS/CR/333/2010 Dated 05.03.2010.
The OP is the Chairman and Managing Director, Sahara Credit Co-operative Society Ltd. The address is Sahara India Bhawan, 1 Kapporthala Complex, Aliganj, Lucknow-226 024, Uttar Pradesh (U.P.).
The complainant by filing this case states that on 21.09.2019, she deposited a sum of Rs.30,000/- with the OP at Champahati Branch (Branch No.6342) Office at Baruipur Sector of Dakshin Kolkata Region, West Bengal for a period of 1-year 6 months vide fixed deposit receipt no.925011260817, Certificate No. being 80829246553, Membership No: being 925011260817 and A/C. No. being 63427801231.
The Fixed Deposit was matured on 21.03.2021 and the maturity amount was Rs.34,410/-. The complainant approached the Branch Manager, Biswajit Dasgupta of OP Branch Office on 22.03.2021for encashment of the F.D. The Branch Manager told that the demand of maturity had been placed to the Head Office, but no reply in this regard had been received by the Branch Office. When the maturity amount would be received by the Head Office, then only it would be disbursed to the complainant. Hence, the complainant lodged the complaint in the grievance cell on 08.12.2021. After a lapse of 9-months the complainant has not been paid the maturity amount on behalf of the company. The complainant also mailed to the OP. Finally, the complainant sent legal notice to the OP in this regard. The activities of the OP amount to deficiency in service and unfair trade practice. The complainant and her family faced financial loss. Hence, the complainant prays for directing the OP to pay the maturity value of the Fixed Deposit of Rs.34,410/- along with 18% interest, to pay compensation to the tune of Rs.10,000/- towards physical strain and mental agony suffered by the complainant and to pay a sum of Rs.5,000/- towards litigation cost.
The instant case was filed on 17.05.2022 and was admitted on 31.05.2022. On 16.08.2022 the complainant was present and files such reports from which it appears that the notice was served upon the OP on 20.06.2022. But the OP did not turn up to contest the case as the statutory period for filing W/V had already been expired, so the instant complaint case proceeded ex-parte against the OP. The complainant filed evidence on affidavit on 20.09.2022. On 01.12.2022 BNA was filed and ex-parte argument was heard. Accordingly, we proceeded for giving judgement.
Points for consideration :-
- Is the complainant, a consumer?
- Is the OP guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decision with reasons :-
Point No.1:-
On perusal of records and documents, it appears that the complainant deposited a sum of Rs.30,000/- to the OP, a reputed non-banking financial institution. She deposited the amount for 1-year and 6-months. The fixed deposit was supposed to be matured on 21.03.2021 and the maturity amount was Rs.34.410/-. The complainant was assured by the OP that she would get the amount on maturity. As the complainant spent Rs.30,000/- for purchasing fixed deposit certificate, she is a consumer u/s 2(7) of C P Act, 2019.
As such, the 1st point is decided in favour of the complainant and against the OP.
Point No:2 :
The complainant made a fixed deposit. The amount was deposited to Champahati Branch, Sonarpur, Sahara Credit and Co-operative Society Ltd. The Branch code No.6342. The said amount was deposited for 1-year and 6-months vide fixed deposit receipt No:1925011260817, Certificate no. being 80829246553, Membership No. being 925011260817 and A/C. No. being 63427801231. The date of maturity was 21.03.2021. The complainant approached the branch office on 22.03.2021. The complainant was informed that the branch office had informed the Head Office for encashment but reply is received by the Branch Office. As any information is received from the Head Office, the complainant will be informed. The complainant invested money with a hope of multiplying the same. If she does not get the money she would face huge monetary loss. The complainant herself enquired for payment. No initiative was taken by the OP. She asked for the payment of the due amount i.e. Rs.34,410/- which is deposited to Sahara Credit and Co-operative Society Ltd. The complainant visited the Branch Office but in vain. The OP is harassing the complainant for the reason best known to them. OP avoided the complainant. The date of maturity is written on the certificate. But the complainant did not get the matured amount. OP is deferring the dates of payment. The act of the OP tantamount to unfair trade practice. They gave false hope to the complainant. By investing Rs.30,000/-, the complainant got nothing. OP does not pay heed to the complainant’s request. OP is reluctant to discharge proper service to the complainant.
Hence it is clear that OP is guilty of deficiency in service and unfair trade practice. As a result, the 2nd point is settled in favour of the complainant and against the OP.
Point No.03 :-
The complainant deposited Rs.30,000/- to Sahara Credit and Co-operative Society Ltd. After maturity, the complainant failed to get the amount of Rs.34,410/- being the maturity-amount. The OP tried his best for capturing the innocent clients but the clients are deprived by the OP. The clients believed in the sweet words of the OP and agreed to deposit money, upon maturity. The Op does not care to listen to his client’s words. The OP told the complainant that he would be informed later. But at the time of deposit, the complainant was told that she would get the maturity-amount on the fixed date. OP gave false hope to the complainant. The complainant is yet to get a single farthing from the OP’s side. The OP failed to provide service. Rather they were unwilling to pay the maturity amount of Rs.34,410/- to the complainant. Sahara, renowned NBFC, is earning money by befooling the innocent clients. The OP deprived the complainant of her legitimate claim. In view of the above mentioned circumstances, the complainant is entitled to get the relief as prayed for. Hence, the 3rd point is settled in favour of the complainant and against the OP.
In the result, the complaint case succeeds.
Hence, it is,
ORDERED
That the complaint case be and the same is allowed ex-parte against the OP with cost of Rs.5,000/- (Rupees five thousand) only.
That the OP is directed to pay the maturated amount of Rs.34,410/- (Rupees thirty four thousand four hundred and ten) with simple interest @ 10% p.a. w.e.f. 21.09.2019 to the complainant within 45 days from the date of this order.
That the OP is directed to pay compensation to the tune of Rs.10,000/- (Rupees ten thousand) to the complainant for deficiency in service and unfair trade practice, mental agony, harassment within 45 days from the date of this order.
That the litigation cost of Rs.5,000/- (Rupees five thousand) is to be paid by the OP to the complainant within 45 days from the date of this order.
That the complainant is at liberty to put the order into execution if the orders are not complied with within 45 days from the date of this order.
Let a copy of the order be supplied free of cost to the parties concerned.
That the final order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
Sangita Paul
Member
