DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI
C.C.NO.17 OF 2018
J.Mohan Rao Patro
S/O- J. Khali Patro
At- Ganesh Market, Phulbani,
PO/PS_-Phulbani
Dist- Kandhamal. ……………………….. Complainant.
Versus.
.1. Sri Rajib Raula
Sector Manager Worker
Sahara Credit Cooperative Society Limited
Sector Phulbani
PO/PS- Phulbani, Dist- Kandhamal
2. Zonal Chief
Sahara Credir Cooperative Society Limited
At- Plot No.B-61, A & B
Saheed Nagar, Bhubaneswar-751007
3. Sankar Behera
S/O- Late Dhabaleswar Behera
At- Rammandir Street, Hatapada,
Po/Ps- Phulbani, Dist- Kandhamal
4. Pradeep Kumar Patra
S/O- Late Kailash Chandra Patra
At- Goudasahi, Amalapada
Po/Ps- Phulbani, Dist- Kandhamal …………………………….. OPP. Parties.
Present: Sri Purna Chandra Mishra - President.
Sri Sudhakar Senapothi - Member.
For the Complainant: Manoj Kumar Sahoo, & Associates
For O.p No.1- Ranjan Kumar Padhi
For O.p No.2 – None
For O.p No.3 & 4 – R.K.Das & B.K.Mohanty
Date of Argument: 22-06-2022
Date of Order: 15-07-2022
JUDGEMENT
Sri Sudhakar Senapothi, Member
The complainant Sr.J.Mohan Rao Patra has filed this complaint u/s 12 of CP Act 1986 against the Ops alleging deficiency in service and unfair trade practice for non-payment of his maturity amount after due date of maturity and praying therein for a direction to the Ops to pay an amount of Rs 8,14,100/-along with interest @ 24 P.A from the date of deposit till actualization and to pay an amount of Rs,10,000/- as compensation for causing physical mental pain and harassment suffered by the complainant along with an amount of Rs.10000/- as cost of litigation.
- The factual matrix of the case in brief is through various T.V. News paper, press statements and public gimmicks the OPP party No 1 & 2 introduced R.D/ Fixed deposit schemes and invited applications from the public.The complainant is a retired business man and sick persons. Being motivated by the OPP. party No 3 & 4, the complainant deposited his hard-earned money in the schemes of Sahara Credit Cooperative Society Limited i.e. Sahara.A select on 20th June 2016 an amount of Rs.3 lakhs and 60 thousand and obtain bond of the Account No- 18536200825 to18536200831. Again on 7th Sept.2016 an amount of Rs.3 lakhs and 40 thousand and obtain Bond of the Account No.18536201631 to 18536201637 for a period of 18 months. The maturity date of the above mentioned deposit was 20th Dec.2017 and 7th March 2018 respectively. After lapse of stipulated period i.e. 18 months of deposit, while the petitioner asks the Opp.party for refund the deposits with interest, the Opp.party did not elicit any response.
While the petitioner has applied for maturity amount, his request was not complied and the OPP. Parties have not shown their willingness to repay the amount of the petitioner in a prescribed time frame. The petitioner feeling helpless, harassed and finding no other alternatives has been compelled to file this case before this Hon’ble Commission, seeking relief and justice as prayed for in the compliant petition.
- After receipt of notice the OP.No.1 appeared through his authorized representatives, but preferred not to file any written statement nor challenges the allegation raised against them in any manner. Therefore the commission proceeded to dispose off the case on its merit.
- The petitioner in support of his case has filed the copy of his aadhar card, photo copies of the deposit certificates policy No.925004356106 to 925004356112 in continues serial amounting to Rs. 3,95,420/-and from 002968716 to 002968722 in continues serial amounting to Rs. 4,18,680/-. The petitioner has not filed any oral evidence in support of his case.
- It is revealed from documents on record that the petitioner has actually deposit some of Rs. 7, 00,000/- which was due for maturity on dtd.20.12.2017 and the maturity value was Rs.8,14,100/- but the OPs have failed to repay the amount in time which is a clear act of deficiency in service and unfair trade practice and the OPs are liable to compensate the petitioner for the loss incurred by the complainant. Hence the order.
ORDER
The complaint petition is allowed against the OPs. The Opp.parties are directed to refund a sum of Rs.8, 14,100(Eight lakhs fourteen thousand one hundred) only towards maturity value of the complainant under certificate No.925004356106 to 925004356112 dtd.07.03.2018 with interest @ 12% P.A from the date of maturity till it is refunded and is further directed to pay a sum of Rs.10, 000/-(ten thousand) only towards cost of litigation. The order shall be complied within a period of 30 days from the date of receipt of this order.
I Agree
PRESIDENT MEMBER
Pronounced in the open Commissioner today on this 15th day of July 2022 in the presence of the parties.
MEMBER PRESIDENT