Orissa

Koraput

CC/27/2018

Dr. B. Gayatri Devi, APP, Court of SDJM, Jeypore - Complainant(s)

Versus

Sahara Credit Cooperative Society Ltd., Sahara India Bhawan represented by its Managing Director-cum - Opp.Party(s)

Self

19 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM
KORAPUT AT JEYPORE,ODISHA
 
Complaint Case No. CC/27/2018
( Date of Filing : 14 Mar 2018 )
 
1. Dr. B. Gayatri Devi, APP, Court of SDJM, Jeypore
H. No.81, Dhanvi Township, Dongaguda, PO-Jeypore
Koraput
Odisha
...........Complainant(s)
Versus
1. Sahara Credit Cooperative Society Ltd., Sahara India Bhawan represented by its Managing Director-cum-Chairman
Sahara India Bhawan, 01/Kapoorthala Complex, At/Post. Aliganj, Lucknow,226 024
Uttarpradesh
2. The Manager, Sahara India Parivar, Sahara Credit Cooperative Society Ltd.
NH.26, in front of V.D.College, PO-Jeypore.
Koraput
Odisha
3. Sri Narayan Choudhury, Agent Code No.185110154.,C/o-The Manager, Sahara India Parivar, Sahara Credit Cooperative Society Ltd.
At-Kella Nagar, PO-Jeypore.
Koraput
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. BIPIN CHANDRA MOHAPATRA PRESIDENT
 HON'BLE MRS. Nibedita Rath MEMBER
 HON'BLE MR. Jyoti Ranjan Pujari MEMBER
 
For the Complainant:Self, Advocate
For the Opp. Party: None, Advocate
 Sri Sunil Kumar Mohanty, Advocate
 None, Advocate
Dated : 19 Jul 2018
Final Order / Judgement

 

1.                     The brief facts of the case of the complainant are that being persuaded  by the Ops 2 & 3, she opened an account vide No.24224205055 with OP.2 under Sahara M. Benefit Scheme and continued to deposit @ Rs.1500/- p.m. from 09.08.2012 regularly.  It is submitted that from Sept., 2014 onwards due to financial hardship she  could not deposit the premiums and approached the Ops 2 & 3 to close the account and effect payment who assured the complainant to effect maturity on the date of maturity.  It is further submitted that she approached Ops 2 & 3 at their office during 1st week of Sept., 2017 for withdrawal of amount but they took time on different pleas and finally they asked the complainant to take Rs.25, 000/- out of maturity value of Rs.57, 219/- and the complainant has received Rs.25, 200/- from them.  It is also further submitted that till date the Ops have not effected rest of the amount in favour of the complainant.  Thus alleging unfair trade practice on the part of the Ops she filed this case praying the Forum to direct the Ops to release the maturity amount with interest @ 18% p.a. and to pay Rs.60, 000/- towards compensation and cost to the complainant.

2.                     In spite of valid notice, the Ops 1 & 3 neither filed counter nor participated in the proceeding in any manner.  The OP.2 though entered appearance through its A/R but failed to file counter.  However, the A/R for OP.2 has participated in the hearing.  We have heard from the complainant and A/R for the OP.2 and perused the materials on record.

3.                     In this case, A/c No.24224205055 under Sahara M. Benefit with monthly subscription of Rs.1500/- opened by the complainant w.e.f. 09.08.2012 are all admitted facts and duly supported by copy of passbook etc.  It is a fact that the scheme was matured on 10.8.2017.  The complainant stated that she approached the Ops 2 & 3 after maturity of the scheme and the Ops disclosed that the maturity amount is Rs.57, 219/- but they have offered Rs.25, 200/- only to the complainand and requested the complainant to deposit rest of the amount in another scheme.  The complainant further stated that she did not agree with the proposal of Ops and rest of the amount still remains with th Ops.  In this case the Ops 1 & 3 have not participated in the proceeding and thus remained exparte but the A/R for the OP.2 has participated in the hearing only without filing counter.  In view of above facts, we lost opportunity to know anything more from them.  As per record the maturity date is 10.08.2017 and the maturity amount is Rs.57, 219/- out of which the complainant has received Rs.25, 200/- .  That means rest sum of Rs.32, 019/- is lying with the Ops to which the complainant is entitled to get with usual interest from 10.08.2017.  In the peculiar circumstances of the case, we are not inclined to grant any compensation except a cost of Rs.2000/- in favour of the complainant.

7.                     Hence ordered that the complaint petition is allowed in part and the Ops 1 & 2 being jointly and severally liable are directed to refund Rs.32, 019/- under Sahara.M.Benefit schemes with as usual rate of interest and benefits under the schemes from the date of maturity i.e. 10.08.2017 till actual payment and to pay Rs.2000/- towards cost to the complainant within 30 days from the date of communication of this order.  If the Ops failed to make payment within the given period, they are to pay Rs.100/- towards compensation per day to the complainant from the date of this order over and above the guaranteed interest under the scheme.

(to dict.)

 
 
[HON'BLE MR. BIPIN CHANDRA MOHAPATRA]
PRESIDENT
 
[HON'BLE MRS. Nibedita Rath]
MEMBER
 
[HON'BLE MR. Jyoti Ranjan Pujari]
MEMBER

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