The Complainant has filed this complaint against the O.P. Under Section 35 of the Consumer Protection Act 2019 and praying for following Order / relief :-
- Direction against the O.P. to pay the Complainant her legitimately receivable fixed deposit amount to the tune of Rs. 47,016/-+ Rs.44,404/- = Rs. 91,060/- (Rupees Ninety One Thousand Sixty Only) together with interest.
- Directing the O.P. for payment of interest @ 12% p.a. till the date of recovery.
- Direction against the O.P. to pay an amount of Rs. 50,000/- (Rupees Fifty Thousand Only) for mental agony, pain, harassment and loss caused to the Complainant.
- Direction against the O.P. to pay Rs. 20,000/- (Rupees Twenty Thousand Only) for cost of litigation.
- Direction against the O.P. for making total payment of Rs.1,61,060/- (Rupees One Lakh Sixty One Thousand Sixty Only).
The case of the Complainant in brief is that, the Complainant is a peace loving and law abiding citizen of India / the O.P.is a reputed Co-Operative Society having its Branch Office at Sakti Sangha Club compound under P.S.- Kotwali, District- Jalpaiguri / the Complainant had fixed deposited a sum of Rs, 18,000/- (Rupees Eighteen Thousand Only) on 02.03.2012 for a period of 96 (Ninety Six) Months under ‘SAHARA. E. SHINE’ scheme with the O.P./ the OP issued Certificate bearing no. 351003306112, account no. 60264200678, receipt no. 80113656605 for Rs. 18,000/- (Rupees Eighteen Thousand Only) dated 02.03.2012/ the maturity amount would be of Rs. 47016/- (Rupees Forty Seven Thousand Sixteen Only).
The further case is that, the Complainant on 02.03.2012 had again fixed deposited amount to the tune of Rs. 17,000/- (Rupees Seventeen Thousand Only) for a period of 96 (Ninety Six) Months under ‘SAHARA. E. SHINE’ scheme with the O.P./ OP issued Certificate bearing no. 351003306113, account no. 60264200679, receipt no. 80113656606 for Rs. 17,000/- (Rupees Seventeen Thousand Only) the maturity amount would be Rs.44,404/-(Rupees Forty Four Thousand Four Hundred Four Only) / immediately on attaining the maturity period the Complainant visited the O.P., requested the Branch Manager by placing both the deposit certificates to settle the legitimate claims for making payment of his receivable amount to the tune of Rs. 47,016/-+ Rs.44,404/- = Rs. 91,060/- (Rupees Ninety One Thousand Sixty Only) together with interest / the O.P. deliberately failed and neglected to pay the matured amount to the Complainant / on several occasions the Complainant visited the office of the O.P. requesting the Branch Manager to arrange payment of Matured amount together with interest but the O.P. paid no heed / due to such unfair trade practice as well as deficiency in service the Complainant suffered mental pain and agony as the O.P. never served the interest of the Complainant / the cause of action of the complainant arose on 02.03.2012 when the Complainant fixed deposited a sum of Rs. 18,000+ Rs. 17,000/- = Rs. 35,000/- (Rupees Thirty Five Thousand Only) with the O.P. and when the fixed deposit certificates were matured.
By filing the Complaint the Complainant praying for relief as stated above.
In support of its claim the Complainant files the following documents namely :-
- Photo copy fixed deposit Certificate bearing no. 351003306112, account no. 60264200678, receipt no. 80113656605 for Rs. 18,000/- (Rupees Eighteen Thousand Only) dated. 02.03.2012 , issued by the O.P.
- Photocopy of fixed deposit Certificate bearing no. 351003306113, account no. 60264200679, receipt no. 80113656606 for Rs. 17,000/- (Rupees Seventeen Thousand Only) dated 02.03.2012. issued by the O.P.
- Photocopy of receipts bearing no. 080113656603, 080113656605 & 080113656606 issued by the O.P.
Notice was issued from this Commission upon the O.P./ on receipt of notice the O.P. appears through Vokalatnama. But the O.P. did not file Written Version though several opportunities were given. Accordingly, this Commission held that the O.P. is not at all interested to contest this case. Thus, the case do runs ex-parte.
Having heard, the Ld. Advocate of the Complainant and on perusal of the documents filed in support of the Complaint this Commission framed the following points for consideration.
Points for consideration
- Whether the Complainant is a consumer?
- Whether the case is maintainable under the C.P. Act 2019?
- Whether there is any deficiency in service on the part of the O.P. as alleged by the Complainant?
- Is the Complainant entitled to get any award and relief as prayed for as per the prayer of the Complaint?
Decision with Reasons
All the points are taken up together for discussion to avoid unnecessary repetition and for sake of convenience and brevity of this case.
In order to prove the case the Complainant Prokesh Chandra Mondal has examined himself as P.W. -1 by filing Written Deposition in Chief which is supported by an affidavit. In support of its case the Complainant has produced two Fixed Deposit Certificate for the sum of Rs. 18,000/- + Rs. 17,000/- = Rs. 35,000/- (Rupees Thirty Five Thousand Only) issued by the O.P. Ld. Advocate of the Complainant by filing Brief Notes of Argument (B.N.A.) has argued that the Complainant has been able to prove this case against the O.P. who deliberately did not pay the matured amount to the Complainant and that’s why the Complainant is entitled to get the relief as prayed for. Ld. Advocate of the Complainant has also argued that after the period of maturity on several occasions the Complainant went to the office of the O.P. and requested it’s Branch Manager for making payment of the matured amount with interest but the O.P. did not pay the same which clearly proves the deficiency in service as well as restrictive trade practice adopted by the O.P. Sahara Credit Co-Operative Society Limited.
By filing Brief Notes of Argument Ld. Advocate of the Complainant has stated that the complainant has been able to prove this case against the Opposite Party not only through the evidence of the P.W.-1 but also through the documentary evidences which are annexed with the Complaint as well as with the Brief Notes of Argument.
Having heard, the unchallenged evidence of the Complainant and on perusal of the documents filed by the Complainant it is proved that the Complainant had purchased two Fixed Deposit Certificates for the sum of Rs. 18,000/- + Rs. 17,000/- = Rs. 35,000/- (Rupees Thirty Five Thousand Only). From the certificate no. 351003306112 issued by the O.P. it reveals that, the date of maturity was on 02.03.2020 and maturity amount was of Rs. 47,016/- (Rupees Forty Seven Thousand Sixteen Only). From the certificate bearing no. 351003306113 it reveals that, the date of maturity was on 02.03.2020 and maturity amount was of Rs. 44,404/- (Rupees Forty Four Thousand Four Hundred Four Only). From those two Fixed Deposit Certificates which were issued by the OP it is found that the OP assured to pay a sum of Rs. 47,016/-+ Rs.44,404/- = Rs. 91,060/- (Rupees Ninety One Thousand Sixty Only) on the date of maturity. But the Complainant himself by taking shelter of this Commission has on oath has stated that the OP did not pay those matured amount to him.
From the basic provisions of the Consumer Protection Act as well as the documents filed by the Complainant it is clearly proves that the Complainant is a consumer under the OP and the OP deliberately did not pay the matured amount of two Fixed Deposit Certificates of the Complainant which is nothing but the deficiency in service as well as restrictive trade practices.
Accordingly we are of the view that, the Complainant has been able to prove it’s case as there was a clear deficiency in service of the O.P. as well as restrictive trade practices. We are also of the view that, the Complainant is entitled to get compensation amount from the O.P.
Hence it is therefore,
O R D E R E D
The C.C. Case No. 76 of 2022 filed by the Complainant is allowed in part on ex-parte . The O.P. Sahara Credit Co-Operative Society Limited is directed to pay a sum of Rs. 47,016/-+ Rs.44,404/- = Rs. 91,060/- (Rupees Ninety One Thousand Sixty Only) to the Complainant which was the maturity amount for two Fixed Deposit Certificates along with interest @ 9 % per annum with effect from 02/03/2020 till making payment . The O.P. is also directed to pay a sum of Rs. 20,000/- (Rupees twenty thousand Only) for mental pain, agony, harassment and loss caused to the Complainant. O.P. is also directed to pay Rs. 10,000/- (Rupees Ten Thousand Only) to the Complainant towards cost of litigation and O.P. is further directed to pay Rs. 10,000/- (Rupees Ten Thousand Only) to the Consumer Legal Aid Account.
O.P. is directed to pay the awarded amount to the complainant as well as to the Consumer Legal Aid Account within 1 (one) month from this day , in default the Complainant will be at liberty to take shelter before this Commission for execution as per law .
Let a copy of this order be given to parties free of cost.
