Date of Filing : 19/09/2022
Date of Judgement : 03/12/2024
Mrs. Monihar Begum, Hon’ble President In-charge
BRIEF FACTS
This is an application u/s 35 of the Consumer Protection Act, 2019.
Brief facts of the case are that, complainant opened a recurring deposit under the scheme of “Sahara M. Benefit” on 23/12/2013 vide application no. 311031983062 for rs.1,20,000/- (Rupees one lakh twenty thousand) only starting from 23/12/2013 to 22/11/2018 i.e. for a tenure of 60 months with an additional interest of Rs.30,000/-. The complainant had paid monthly instalments of Rs.2,000/- starting from 23/12/2013 till the date of maturity i.e. 22/11/2018. The complainant had paid each and every instalment without fail. He invested the aforesaid amount under “Sahara M. Benefit” Scheme with their lucrative offer of maturity value. Despite maturity, the OPs did not refund the maturity amount of the recurring deposit. Finding no other alternative, complainant issued letter dt. 03/06/2019 to the OPs demanding maturity amount, but the OPs did not respond to such demand letter. There is deficiency in service and unfair trade practice on the part of the OPs. Hence, the consumer complaint.
OPs, despite service of notice of the complainant, failed to file written version within the limitation period as provided u/s 38(2) of the Consumer Protection Act, 2019. No request for condonation of delay or extension of time for filing written version was made. Therefore, right of the OPs to file written version was closed.
Complainant, Sri Soumen Sinha had filed his evidence by way of affidavit supporting the allegations made in the complaint.
FINDINGS
Ld. advocate for the complainant has taken us through the consumer complaint as also the evidence adduced of the complainant. On perusal of the photocopy of recurring deposits pass book and deposit slip/voucher issued by the OP No. 1 to the complainant, it is clear that vide those documents, complainant invested Rs.1,20,000/- to the OPs under “Sahara M. Benefit” Scheme. It is also clear from the clause 5 of the passbook that OPs had agreed to refund the maturity amount. Complainant has categorically alleged that despite maturity, OPs have failed to refund the matured amount coupled with interest. As the OPs have opted not to file written version despite service of notice of the complainant, the above allegations of the complainant is deemed to have been admitted as correct.
OPs are fully aware that they were liable to pay the matured amount of the said scheme including interest, to the complainant. Complainant invested his hard earned money with the OPs. The OPs deliberately made their illegal gains and deprived the complainant from his lawful right. Thus, the OPs have adopted unfair trade practice, and in fact, withheld the invested amount of Rs.1,20,000/- inspite of its maturity, which no doubt, adopted deceitful manner of trade. Complainant could not wait for an indefinite period to get the matured amount. He had suffered mental agony, pain and harassment to get the relief. Complainant had to wage a long drawn and tedious legal battle.
In view of the foregoing discussion, we are of the view that complainant is entitled to refund the matured amount of “Sahara M benefit” alongwith compensation and litigation cost.
Hence, it is
ORDERED
The instant complaint case is allowed exparte against the OPs.
- OPs are directed to refund the total amount of Rs.2,03,800/- to the complainant within 60 days from the date of this order.
- OPs are directed to pay Rs.10,000/- only as compensation for mental agony, pain and harassment to the complainant within the stipulated period.
- OPs are further directed to pay a sum of Rs.5,000/- as cost of litigation to the complainant within the stipulated period.
The aforesaid payment shall be made by the OP within 60 days from the date of this order, failing which, the complainant will be at liberty to proceed in accordance with law.
And also, if the order is not complied by the said OPs within the above period, they will be liable to pay interest of entire amount @12% per annum until realisation.
Dictated and corrected by
Member
