DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
P U R U L I A
CONSUMER COMPLAINT NO 6 OF 2022
Present
- Sri Rabindra Nath Malik, Hon’ble President.
- Sri Rituraj Dey, Hon’ble Member.
Date of filing: 24th January 2022
Date of Order: 17th January 2023
Petitioner Opposite Party (s)
Bijay @ Bijoy Kumar Moni, 1) Sahara Credit Co- Operative Society
S/O- Murari Mohan Moni, Limited, Rep. Its Authorized Signatory,
R/O- Raghunathpur Municipality, Having its office at Sahara India Bhavan,
Ward No. 13, PO & PS- Raghunathpur, 1 Kapoorthala Complex, Aliganj,
Dist.- Purulia, Pin- 723 133. Lucknow (U.P.), Pin- 226 024.
2) The Branch Manager, Sahara Credit Co-
Operative Society Limited, Adra Branch,
Having its office at Adra Lower Beniasole,
PO- Adra, Dist.- Purulia, Pin- 723 121, W.B.
For the Complainant : Smt. M. Mukherjee, Advocate.
For the O.Ps : None Appear.
Sri Rituraj Dey, (Hon’ble Member).
The present case is filed by the complainant praying for direction to the O.Ps to pay the amount of Rs. 75,595/- along with an interest@10% p.a. from the date of maturity to the date of payment of the said amount and to pay the compensation of Rs. 25,000/- and litigation cost of Rs. 10,000/- to the complainant.
The complainant’s case in a nutshell is that the complainant had deposited the total amount of Rs. 65,000/- on 23/6/2016 to get the maturity amount of Rs. 75,595/- on 23/12/2017. The total amount of Rs. 65,000/- had been deposited in 07 nos of certificate being nos. 925002926770, 925002926771, 925002926772, 925002926773, 925002926774, 925002926775, 925002926776 by paying of Rs. 10,000/- each in 6 nos. of certificate and Rs. 5,000/- in one certificate. According to the complainant on the date of maturity and after the date of maturity the complainant visited the office of the O.Ps several times to receive the said maturity amount along with proper interest but the complainant did not get the maturity amount. The complainant visited the office of the O.P. No. 2 on 4/1/2022 and requested to pay the maturity amount along with interest but the O.P. No. 2 refused to pay the amount saying that the company would not pay a single farthing to the complainant without the order of the court. Hence, the case has been filed by the complainant.
The complainant filed the petition for condonation of delay. The said petition has already been allowed by the Ld Commission. The complainant has filed 7 nos of Xerox copy of certificates being nos. 925002926770, 925002926771, 925002926772, 925002926773, 925002926774, 925002926775, 925002926776.
The O.Ps did not file W/V. Hence, the case has been heard ex-parte against the O.Ps.
We have gone through the complaint copy along with Xerox copies of certificate filed by the complainant and heard the oral argument made by the Ld. Advocate of the complainant.
Points for consideration
- Is there any negligence on the part of the O.P/O.Ps?
- Whether the complainant is entitled to get any relief or compensation?
With an eye to the above two points for consideration the discussion is mentioned below.
Decision with reason
Points no. 1 & 2
Having perused the complaint copy and Xerox copies of certificate on record it appears to us that the complainant deposited the total amount of Rs. 65,000/- on 23/6/2016 to get the total maturity amount of 75,595/- on 23/12/2017. Having gone through the case record and complaint copy we find that the O.P./O.Ps issued six nos of certificate being no. 925002926770, 925002926771, 925002926772, 925002926773, 925002926774, 925002926775 for the deposit of Rs. 10,000/- each certificate and 925002926776 for the deposit of Rs. 5,000/-
According to the said certificates the maturity amount was/is of Rs. 75,595/- and the maturity date was 23/12/2017. Having perused the entire record, the complaint copy and heard the oral submission by the Ld advocate of the complainant, it appears to us that the O.P./O.Ps did not return the maturity amount in respect of the said certificates to the complainant till now and did not take any step and show any initiation for returning the maturity amount in respect of the said deposited amount made by the complainant. Here, we find deficiency in service on the part of the O.P./O.Ps.
As the complainant deposited a certain amount to fixed deposit scheme of the O.P./O.Ps for 18 months to get a fixed maturity amount on and after the maturity date. Therefore, the complainant is entitled to get the total maturity amount of Rs. 75,595/- along with interest @ 10% p.a. and the compensation of Rs. 10,000/- and the litigation cost of Rs. 5,000/-.
The above two points are thus disposed of with the above observation and findings.
Hence, it is
ORDERED
that the instant case be and the same is allowed ex-parte against the O.Ps. The O.Ps are directed to pay jointly/severally to the complainant the total maturity amount of Rs. 75,595/- (Seventy five thousand five hundred ninety five) only along with interest @ 10% p.a. calculated from the date of maturity to the date of payment in toto. The O.Ps are also directed to pay jointly/severally to the complainant the compensation of Rs. 10,000/- (Ten thousand) only and the litigation cost of Rs. 5,000/- (Five thousand) only.
The above order must be complied by the O.Ps within 45 (Forty five) days from the issuance of this order. If the O.Ps fail to comply the aforesaid order in time then the complainant shall have liberty to execute this order in which case the O.Ps shall pay jointly/severally a fine of Rs. 200/- (two hundred) only per day chargeable from the date of issuance of this order till the date of compliance of this order in toto. If such fine accrues and realized would be deposited in the Consumer Welfare Fund being A/c No. 0093000100310261.
Let a copy of this judgment be supplied to the parties free of cost.
