DATE OF DISPOSAL: 30.04.2024

PER:  SRI SATISH KUMAR PANIGRAHI, PRESIDENT: 

The fact of the case in brief is that the complainants have filed this Consumer complaint under section 35 of the Consumer Protection Act, 2019 alleging deficiency in service against  the Opposite Parties (in short O.P.) and for redressal of his grievance before this Commission.

2. The above named complainant of this case enrolled on a share member by above O.P. with nominee of P.Jagannath Patra and for renewed the previous matured amount as per the parent company Sahara Pariwar, instead of refund the amount eligible, the O.P. of this case issued Super BB  Scheme Certificate No 467001567313, Receipt No. 34026153251, Membership No. 911418001703 in favour of above complainant by authorized centre, under Berhampur Region, Ganjam District of above O.P. towards membership contribution a sum of Rs.31,250/- on dated 31.03.2018 with assurance by O.P. to complainant. She will get maturity amount as per terms and condition of the scheme with all benefits, after period of 36 months from 31.03.2018 as per objective of above O.P. But the complainant not get the eligible amount and other all benefits till today and not traced the address of above O.P. either authorized person or office of competent authority of O.P. even lapse of another three years. The complainant financially suffered  since beginning of the deficiency, negligent, unfair trade practice of parent group as well present O.P. who promised to complainant at the time of renewal of previous matured amount converted into another group of company re-named which mentioned as a O.P. of this case. The complainant not availed any benefit from beginning to till today, as per assurance of parent company of present O.P. or total maturity amounts. With a misleading advices and financial illegal transactions by O.P. of this case evident liable to pay total matured amounts and benefits of the said scheme until disposal of this case. The cause of action arose in timely; the complainant approached the person concerned in the office of the O.P. So far advises this dispute having continues causing of action as well as the Apex court also remarked on this issue of O.P. with a clear direction to above O.P. of this case. Alleging deficiency in service on the part of the O.P. the complainant prayed to direct the O.P. to settle the pending maturity amount with all benefits promised to complainant as per O.P. Certificate of deposit interest until disposal of this case, compensation of Rs.10,000/- and litigation cost of Rs.5000/- in the best interest of justice.

            3. The Commission condones the delay and admitted the case and issued notice to the O.P. It is found that the notice was returned to the Commission as per postal remark that, “Addressee unclaimed”.

            4. On the date of hearing of the consumer complaint, the authorized representative for complainant is present. We heard argument from him for the complainant at length and perused the complaint petition, written argument and materials placed on the case record. It reveals that the complainant had deposited Rs.31,250/-on dated 31.05.2018 vide Receipt No. 34026153251 and Membership No. 911418001703, Sector Aska Region Berhampur. Though notice was sent by this Ld. District CDR Commission, Ganjam Berhampur for appearance and filing written version by the O.P. but the O.P. did not avail the said opportunity. Hence, taking the materials on the case record as well as the sole testimony of the complainant into consideration, we hold that the O.Ps are negligent in rendering proper service to the complainant as such we hold that there is deficiency in service on the part of the O.Ps. Further Law is well settled in case of Mrs. Puneet Kaur versus Hindustan Financial Management Ltd. and others reported in 2003(1) CPR 274 where in the Hon’ble National CDR Commission, New Delhi has held that “Non-payment of fixed deposit amount on its maturity by Financial Institution constitutes deficiency in service”. In another case when a company or a firm invites deposits on promise of attractive rates of interest and prompt repayment of principal and interest on the expiry of the stipulated period with full security for the investment in the shape of the assets of the company or firm, it is in essence of an offer by the company providing to interested persons a safe avenue for investment of their fund with an assurance of prompt repayment and full security of investment. The consideration for the arrangement consists of the fact that the company or firm is enabled to use the funds deposited with it for the purposes of its business. Such a transaction is clearly one of providing service for consideration and depositor is clearly a consumer under the Act. The Opposite Party was directed to repay the guaranteed value of the deposits with interests @ 12% per annum till payment and to pay the cost- Shanker Lal Rathi Versus Neha Leasing & Holdings ltd. 1996 (2) CPR 90. 

Moreover in another case the Hon’ble National Consumer Commission held in Adelkar Prathibha B. (Mrs.) & Ors V. Shivaji Estate Livestock and Farms Pvt. Ltd. & Ors reported in II (2015) CPJ 221 (NC) that “Complainant hired or availed services of O.P. for investing their savings in schemes floated by O.P. and deposited money with it for investing on their behalf in Goat Farming and allied activities- Complainant are consumers, Remedy before Consumer Forum is primarily a civil remedy - Complaint maintainable. Failure on parts of financial establishment to honour its commitment - Deficiency in service – Unfair trade practices - OP is directed to refund the investment made by complainant in scheme floated by it”.

              5. On foregoing discussion and in view of the clear position of law the complainant’s case is partly allowed on exparte against the O.P. The Opposite Party is directed to pay the contribution value of Rs.31,250/- only along with 9% interest per annum  from the date of maturity i.e. 30.03.2021 to the complainant within 45 days from receipt of this order. Further the O.P. is also directed to pay Rs.10,000/- as costs of litigation to the complainant within the above stipulated period failing which all the dues shall carry 12% interest per annum till its actual date of realization from the date of filing of this case i.e. on 21.09.2023  and the complainant is at liberty to take appropriate steps in accordance to the Consumer Protection Act, 2019 for realization of all dues.

This case is disposed of accordingly.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019 or they may download same from the www.confonet.nic.in to treat the same as if copy of the order received from this Commission.

              The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 30.04.2024.