MR. PRABODHA KUMAR DASH, PRESIDENT:-
This C.C.Case No. 38/2022 taken up today for order. This C.C.Case filed under Section 35of .P.Act,2019.Complainant fixed deposited under the Ops but the Ops did not paid after maturity of deposited amount.
Brief Facts:-
The Complainant being a woman out of her saving money on the assurance by Ops deposited on various scheme under the Ops in different receipt Rs. 17,000/- in GLOBAL receipt No. 34036193516 on dt. 24.12.2018 and the same again invested under contract No. 18497308732 for 72 months without paying the 1st maturity value. 2nd deposit of Rs. 16000/- on 24.12.2018 in GLOBAL Saharayn Universal Multipose Society Ltd. In No. 337006909607 and again illegally invested for 72 months. The 3rd deposit also for Rs. 17,000/- and same re invested. Complainant deposited in recurring deposit pass book No. 2740 under A/C No. 07153669 from dt. 12.11.2018 to 31.01.2022 Rs. 1500/- each months total Rs. 43,500/-.
Receipt No. Membership No. Amount Date
37096193516 918498005554 Rs.17,000/- 24.12.2018
34036193517 918498005554 Rs.16,000/- 24.12.2018
34036193515 918498005554 Rs.17,000/- 24.12.2018
Recurring Deposit Pass Book No. 2740 Rs.43,500/-
Total- Rs.93,500/-
The above receipt with amount deposited in favour of Ops, after several approaches the Ops are not paying the maturity value. The Complainant being poor woman prejudiced by illegal action of Ops.
Heard Complainant appeared in person & Ld. Counsel for Ops. The Complainant prayed for maturity value from date of maturity with@18% P.A interest and Rs. 50,000/- for mental agony undergoing and Rs. 5000/- for litigation cost. The Ops are committed unfair contract, unfair trade practice and deficiency in financial service Complainant cheated by Ops accepted fixed deposit & not paying maturity value. The Ld. Counsel for Op submitted that Op are not consumer the relationship of Complainant with Ops just like member of a Co-Operative Society when a person accepted our Membership by depositing any amount then the members are within the rules & regulations of Multistate Co-Operative Society Act not underC.P.Act,2019. The Ops has no obligation to provide service to a consumer like complainant cited various case laws regarding decision of Honbl’e SC. NC, SCDRC, DCDRC which are not applicable to present facts & circumstances. This Commission not accepted the arguments putforth by Ops Ld. Counsel. In our considered view the Ops are liable to pay maturity value with@18% P.A till its realization with mental agony undergone Rs. 10,000/- and litigation Rs. 2,000/-.
O R D E R
It is directed that, the Ops shall pay Rs. 93,500/- the maturity value from dt. 20.10.2022 at @18% P.A till its realization with Rs. 10,000/- as mental agony and Rs. 2000/- for litigation of cost failing which the Ops are liable for execution proceeding as per C.P.Act,2019. The above order shall be complied within a period of 45 days from the date of receipt of the order. The C.C.Case is allowed.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 1st day of February,2023.
I, agree
Sd/- Sd/-
MEMBER PRESIDENT