Counsel for the parties:
For the complainant: Self
For the O.P: Exparte
JUDGMENT
The facts of the complaint in brief is that the complainant has made deposit of Rs.84,900/- i.e. Rs.42,450/- vide Receipt No.912000749657 dt.17/07/2012 and another Rs.42,450/- vide Receipt No.912000749656 in the Gold Bank Plan of Opposite Parties on dt.05.11.2011 vide Receipt No.80082704030 with the Opp.Party Sahara India, Bhawanipatna Branch and the said deposit has already been matured since last 15 months. As per the terms and conditions the complainant submitted the require application in the prescribed form in due time to the concerned officer of the Opp.Parties but the Ops have not paid the maturity amount till date . The complainant has also sent pleader notice vide letter dt.28.10.2017 to the OP No.1 but they remained silent over the matter. The complainant contacted the Opp.Party from time to time but the Opp.Party has paid a deaf ear and due to non payment of the said amount the complainant sustained mental agony and hence prayed to direct the OP to pay the deposited amount with accrued interest and compensation for mental agony for harassment . Hence, this complaint.
Being noticed the Opp.Party neither appeared nor filed written version as such the Ops were set exparte and we proceeded the matter in absence of the Opp.Parties.
Now the point for consideration is whether the complainant is entitled to get the relief as prayed for ?
We perused the material available on record filed by the complainant. The case of the complainant is that he has deposited an amount of Rs.84,900/- to the Opposite Party and after the date of matured the complainant approached the Opp.Party to pay the deposited amount but the Opp.Party in spite of repeated approaches failed to pay the amount. As per the terms and conditions of the bond the Opp.Party did not act and failed to pay the amount in spite of the repeated approaches and the efforts made by the complainant. Hence, this complaint.
We relied citation which was is reported in CCC 2005 page No. 192 (SS) the Hon’ble State CDR Commission, Maharashtra where in observed “ Consumer Protection Act,1986- Section 2(1)(O)- service-Co-operative society-service rendered by a Credit Society in accepting deposits from the investors falls within definition of service in Section 2(1)(o) of the C.P.Act,1986.
In the given facts and circumstances of the case we deem that the retention of deposited amount by the O.Ps. such a long time amounted to Deficiency in service as defined U/S Sec.2(1)(g) ‘ Deficiency in Service means “ any fault, imperfection, shortcoming or inadequacy in the quality , nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service”.
In view of the aforesaid findings we found the Opp.Party deficient in their service in not payment the maturity amount of the complainant in time. As per the bond now the deposited amount has already been matured and the complainant is entitled to get the maturity amount. Hence, we allowed the complaint petition and direct the Opp.Party to pay the maturity amount with interest.
O R D E R
The Opposite Party Sahara India , Bhawanipatna Branch is directed to pay the maturity amount of Rs..84,900/- with 12% interest from the date of their maturity along with compensation of Rs.10,000/- towards mental agony and harassment with litigation expenses of Rs.2,000/-to the complainant within 30 days from the date of receipt of this order till the date of its payment.
Pronounced in open forum today on this 5th day of June, 2020 under the seal and signature of this forum.
Member President
