FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
The facts, as stated in the complaint and emerged from the documents attached with it, are that Sahara India Credit Co-operative Society Ltd. is a Financial Institution. Complainant opened an account of recurring deposit of an amount of Rs. 200/- per month for a period of 60 months with an assurance to refund Rs. 14,783/- against total principal amount or Rs. 12,000/-. Complainant also opened an account being No. 16103703533 on 31.12.2011 and the tenure of the deposit was 60 months. The installment amount was Rs. 1,300/- per month. Complainant regularly deposited such amount to the OP since 31.12.2011 to 06.04.2013. Complainant deposited total Rs. 22,100/- to the OP in respect of both the account. As per terms of the recurring deposit scheme, the OP is liable to pay back the money on 31.12.2016. The OP failed and neglected to pay the deposited amount despite several requests. Complainant further alleges that there is gross deficiency in service and unfair trade practice on the part of the OPs.
In view of the gross deficiency in service and unfair trade practices of the OPs, complainant has filed the instant consumer complaint seeking payment of matured amount along with compensation and litigation cost.
Despite service of notice, the OP did not turn up to contest the case by filing WV. Thus, the case runs ex-parte against the OP.
Complainant has filed his evidence supporting the allegations made in the complaint petition. Complainant has also filed various documents in support of his case. Despite given opportunities the OP failed to file their WV.
We have considered the argument of the Ld. Advocate for the complainant and examined the record.
It is not in dispute that the complainant opened an account of recurring deposit by paying Rs. 200/- per month for a period of 60 months with an assurance to receive 14,783/- and also an account being No. 16103703533 on 31.12.2011 for a period of 60 months and its installment was Rs. 1,300/- per month. On perusal of the photocopies of money receipts it appears to us that complainant deposited Rs. 1,300/- per month since 31.12.2011 to 06.04.2013 to the OP. The total amount deposited by the complainant to account No. 16103703533 is Rs. 22,100/-. Despite several request the OP did not refund the deposited amount to the complainant. OP is fully aware that they are liable to pay the deposited amount to the complainant. Complainant invested his hard earned money with the OP. The OP is deliberate to make illegal gains and to deprive the complainant from his lawful right. In fact, the OP withhold the deposited amount which no doubt deceitful manner of trade.
OP has not filed their WV denying the allegations made in the complaint petition. Complainant in his affidavit did support the allegations made out in the complaint. Therefore, it cannot be said that complainant has failed to prove deficiency in service and unfair trade practice of the OP. The act of the OP is a clear case of deception, which resulted in the injury and loss of opportunity to the complainant. Had the complainant not invested his money to the OP, he would have invested the same elsewhere. Complainant cannot be wait indefinitely to get the matured amount. Complainant has suffered mental agony and harassment. It is settled principal of law that the compensation should be commensurate with loss of suffered and it should be just, fair and reasonable and not arbitrary. In these circumstances, the complainant is entitled to get the deposited amount of Sahara Credit Co-operative Society Ltd. along with compensation and litigation cost.
Based on the discussion above, the Consumer Case is allowed in part ex-parte against the OP with the following directions :-
- OP is directed to refund deposited amount of Rs. 22,100/- (Rupees twenty two thousand one hundred) only to the complainant.
- OP is further directed to pay Rs. 15,000/- (Rupees fifteen thousand) only as compensation to the complainant on account of mental agony and physical harassment.
- OP is also directed to pay Rs. 5,000/- (Rupees five thousand) only towards litigation cost to the complainant.
The above directions be complied by the OP within a period of 90 days from today. For failure or omission in compliance within the stipulated period, the complainant shall be at liberty to put the order in execution as per CP Act.
Copy of the judgment be supplied to the parties free of cost as per CP Act. Upload the judgment on the website of this Commission for perusal of the parties.
