Order No. 13 dt. 27/08/2019
The case of the complainant in brief is that the complainant became a member of Sahara Credit Cooperative Society Ltd and deposited total sum of Rs.1,99,000/- for 18 months and 19 no. certificates were issued by the opt. no.1. All the 19 deposits have already been matured between 15/06/2018 to 30/06/2018 and the matured amount of Rs.2,27,948/-. The complainant is suffering cancer and she was advised by doctor for urgent treatment. The complainant requested o.ps for releasing the matured sum in her favour but the o.ps did not pay any heed to that effect. On the basis of the said fact he complainant through her Advocate asked for refund of the money but no fruitful result was achieved. For which the complainant filed this case praying for direction upon the o.ps to refund the matured amount of Rs.2,27,948/- and also asked for interest along with compensation and litigation cost.
O.ps contested the case by filing w/v and denied all the material allegations of the complaint. It was stated that complainant did not file any original certificates along with KYC documents for which fund could not be released in favour of the complainant and the o.ps also stated that due to intervention of SABY and the matter is pending before Hon’ble Supreme Court as well as different Fora, so the fund could not be released. Therefore, the o.ps cannot be held responsible for deficiency in service. As such, the o.ps prayed that they may be exempted from any payment hence litigation cost.
On the basis of the pleadings of the respective parties following points are to be decided:-
- Whether the complainant paid an amount of Rs.1,99,000/- to the o.ps?
- Whether the matured sum in the certificate mentioned as Rs.2,27,948/-?
- Whether there was any deficiency in service on the part of the o.ps?
- Whether the complainant will be entitled to get any relief as prayed for?
Decision with reasons:-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. Lawyer for the complainant argued that the complainant became a member of Sahara Credit Cooperative Society Ltd and deposited total sum of Rs.1,99,000/- for 18 months and 19 no. certificates were issued by the opt. no.1. All the 19 deposits have already been matured between 15/06/2018 to 30/06/2018 and the matured amount of Rs.2,27,948/-. The complainant is suffering cancer and she was advised by doctor for urgent treatment. The complainant requested o.ps for releasing the matured sum in her favour but the o.ps did not pay any heed to that effect. On the basis of the said fact he complainant through her Advocate asked for refund of the money but no fruitful result was achieved. For which the complainant filed this case praying for direction upon the o.ps to refund the matured amount of Rs.2,27,948/- and also asked for interest along with compensation and litigation cost.
Ld. Lawyer for the o.p.s argued that that complainant did not file any original certificates along with KYC documents for which fund could not be released in favour of the complainant and the o.ps also stated that due to intervention of SABY and the matter is pending before Hon’ble Supreme Court as well as different Fora, so the fund could not be released. Therefore, the o.ps cannot be held responsible for deficiency in service. As such, the o.ps prayed that they may be exempted from any payment hence litigation cost.
Considering the submissions of the respective parties it is an admitted fact that the complainant deposited a sum of Rs.1,99,000/- through 19 no. certificates and that certificates were issued by the o.ps. It is also undisputed fact that the matured sum as per the certificates mentioned as Rs.2,27,948/- in total. The complainant suffering from illness which has not been disputed by the o.ps, it is also an undisputed fact that after the maturity period the complainant asked for refund of the money but the o.ps did not contact with the complainant demanding the documents including KYC from the complainant for releasing fund in favour of the complainant. The complainant thereafter issued a Lawyer’s Notice in spite of receiving the Lawyer’s notice the o.ps did not refund the money for which the complainant had to file this case. Considering the said fact since the complainant has suffered due to the nonpayment of the amount in spite of maturity period, therefore, we hold that there is gross deficiency in service on the part of the o.ps and the complainant will be entitled to get entire sum along with compensation and litigation cost.
Hence, it is ordered,
that the case no.312/2018 is allowed on contest with cost against the o.ps. O.ps are jointly and/or severally directed to refund the amount of Rs.2,27,948/- (Rupees Two Lakh Twenty Seven Thousand Nine Hundred and Forty Eight) only and compensation of Rs.50,000/-(Rupees Fifty Thousand) only as well as litigation cost of Rs.5,000/-(Rupees Five Thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
