Orissa

Cuttak

CC/148/2022

Priyanath Panda - Complainant(s)

Versus

Sahara Credit Cooperative Society Ltd - Opp.Party(s)

M K Pati & associates

11 Apr 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.no.148/2022

 

Priyanath Panda,

S/O:ShriGiridhari Panda,

At/PO:Bidyadharpur,P.S:Chauliaganj,

Cuttack Town,(Cuttack Sadar),

Dist:Cuttack-753004(Odisha).                                     ... Complainant.

 

                                                                Vrs.

1.        The Sector Manager/Asst. Manager worker,

        Sahara Credit Cooperative Society Ltd.,

        Humara India Credit Cooperative Society Ltd.,

        And Saharayan Universal Multipurpose Society Ltd.,

        (Sahara India),Choudhury Bazar Sector 1352,

        P.O:Buxibazar,P.S:Cantonment Road,

        Dist:Cuttack,Pin-753001.

 

2.        The Regional Manager,Worker.                             

        Sahara Credit Cooperative Society Ltd.,

        Humara India Credit Cooperative Society Ltd.,

        And Saharayan Universal Multipurpose Society Ltd.,

        (Sahara India) Territorial Office,Plot No.50,

        Sahidnagar,P.O/P.S:Sahidnagar,

        Bhubaneswar,Dist:Khurda,Pin-751007.

 

3.          The Zonal Manager Worker,

                                          Sahara Credit Cooperative Society Ltd.,

          Humara India Credit Cooperative Society Ltd.,

          And Saharayan Universal Multipurpose Society Ltd.,

          (Sahara India),Plot No.50,

          Sahidnagar,P.O/P.S:Sahidnagar,

          Bhubaneswar,Dist:Khurda,Pin-751007.

 

4.            The Authorized Person,

           Sahara Credit Cooperative Society Ltd.,

           (Sahara India) Regd. Office,Sahara India Bhawan,

           1 KapoorthalaComplex,Aliganj,

           Lucknow,226420,Uttar Pradesh.

 

                             5.          Managing Worker and Chairman of Sahara India Paribar,

             Sahara IndiaBhawan,1 Kapoorthala Complex,

         Aliganj,Lucknow-226024,Uttar Pradesh.                       ... Opp. Parties.

 

 

Present:               Sri Debasish Nayak,President.

                                                Sri SibanandaMohanty,Member.

 

 

               Date of filing:     15.07.2022

Date of Order:    11.04.2023

 

For the complainant:            Mr. M.K.Pati,Adv. & Associates.

For the O.Ps.                 :          None.

 

Sri Debasish Nayak,President.                                                                                               

          Case of the complainant bereft unnecessary details as made out in complaint petition in short is that he had deposited money in Sahara Credit Cooperative Society Ltd., Hamara India Cooperative Society Ltd. and Saharayan Universal Multipurpose Society Ltd. with a promising hope to get high return.  He had deposited (1) Rs.34,314/- on 14.8.2018 bearing A/c. no.13527204310 under Sahara Worker SC for a period of 36 months which was to be matured on 14.8.2021 and the maturity value is Rs.45,672/- plus additional amount of Rs.6,514/- thus total maturity value is Rs.52,186/-, (2) Rs.14,382/- on 14.8.2018 bearing A/C no.13527204320 under Sahara Worker SC for a period of 36 months which was to be matured on 14.8.2021 and the maturity value is Rs.19,142/- plus additional amount of Rs.2,730/- thus total maturity value is Rs.21,872/-, (3) Rs.23,547/- on 23.8.2018 bearing A/C no.13527204468 under Sahara Worker SC for a period of 36 months which was to be matured on 23.8.2021 and the maturity value is Rs.31,341/- plus additional amount of Rs.4,470/- thus total maturity value is Rs.35,811/-,(4) Rs.1663/- on 20.10.2018 bearing A/C no.13527206050 under Sahara Worker SC for a period of 36 months which was to be matured on 20.10.2021 and the maturity value is Rs.2,213/- plus additional amount of Rs.316/- thus total maturity value is Rs.2,529/-, thus in toto maturity value is Rs.98,368/- plus extra benefit of Rs.14,030, and in toto final maturity value is Rs.1,12,398/-.  But when the said deposited money were matured and the complainant went for getting back the returns, he was thoroughly harassed by the O.Ps for which he has come up with this case seeking direction to the O.Ps to pay him the matured value of Rs.98,368/- under Sahara Workers SC scheme plus extra benefit of Rs.14,030/- which comes up to Rs.1,12,398/- under the said scheme with interest @ 18% per annum alongwith compensation of Rs.30,000/- and litigation cost of Rs.20,000/-. He has also prayed for any other reliefs as deemed fit and proper.

          The complainant has filed some documents in order to prove her case.

2.       Though the O.Ps have appeared but did not file their written versions.  Hence, they are set exparte.

3.         The points for determination in this case are as follows:

            i.          Whether the case of the complainant is maintainable ?

ii.         Whether there was any deficiency in service on the part of the O.Ps  and if they had practised any unfair trade?

iii.        Whether the complainant is entitled to the reliefs as claimed?

 

Point No.ii.

Out of the three points, point no.ii being the most pertinent one is taken up first for consideration here in this case.

The averments as made by the complainant in his complaint petition gains ample corroboration from the documentary evidence filed by him.

Admittedly, the complainant had purchased four number of Fixed Deposit Certificates namely “Sahara Worker SC” from the O.Ps on payment of Rs.34,314/-, Rs.14,382/-, Rs.23,547/- and Rs.1663/- on 14.8.18,14.8.18,23.8.18 and 20.10.18 respectively, and having Account no.no.13527204310, 13527204320, 13527204468 and 13527206050 respectively.  The maturity amount for the said certificates/accounts were of Rs.45,672/-, Rs.19,142/-, Rs.35,811/- and Rs.2,213/- respectively for those certificates which includes the bonus amount and the maturity dates were by 14.8.21,14.8.21,23.8.21 and 20.10.21 respectively. The contention of the complainant is supported with xerox copies of Fixed Deposit certificates filed by him.

 It is not disputed that the complainant had purchased four number of Fixed Deposit Certificates from the O.Ps having different account numbers on payment ofRs.98,368/- in total.  The maturity date of the said certificates/bonds are clearly mentioned in the said certificate having account number.  After 36 months, of purchasing the certificates, the complainant is entitled to get the maturity amount.  The O.Ps had not given him the matured amounts after the maturity period.  He had approached the O.Ps  for getting the matured values many times in order to get his maturity amounts but the O.Ps had not given the same.  In this context, learned counsel for the complainant has relied upon a decision of Hon’ble National Commission reported in 2001(3) CPR, 194(NC) in the case of Smt. Kalawati & others vrs. M/s. United Vaish Co-operative Thirft & Credit Society Ltd., wherein the Hon’ble National Commission has held that non-refund of fixed deposit after maturity comes under the deficiency in service.  This decision is squarely applicable in the present case.  Hence, the O.Ps have committed deficiency in service as well as have adopted unfair trade practice by not releasing the complainant’s matured amounts after its maturity period.  This issue is answered in favour of the complainant.  Hence, it is so ordered;

Pointsno.i& iii.

From the discussions as made above, the case of the complainant is definitely maintainable and the complainant is entitled to the reliefs as claimed by him.  Hence, it is so ordered;

 

 

                                    ORDER

The case is allowed exparte against the O.Ps.  The O.Ps are found to be jointly and severally liable here in this case.  Thus, the O.Ps are directed to pay the total matured amount of Rs.1,12,398/- towards the four number of Fixed Deposit Certificates to the complainant alongwith interest thereon @ 12% per annum from the date of maturity against each of the four nos. of Fixed Deposit Certificates till the final payment is made for each of it.  The O.Ps are further directed to pay a sum of Rs.30,000/- to the complainant  towards the compensation for mental agony and harassment as well as a sum of Rs.20,000/- towards the litigation expenses.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 11^th day of April,2023 under the seal and signature of this Commission.                                                                                                                                                                     

                                                                                                                                Sri Debasish Nayak

                                                                           President

 

 

 

                                      Sri Sibananda Mohanty

                                                    Member.

 

                                                                                                               

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