DATE OF DISPOSAL: 22.02.2021
Dr. Aswini Kumar Mohapatra,President:
The factual matrix of the case is that the complainant has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties (in short the O.Ps.) and for redressal of her grievance before this Forum.
2. Briefly stated that the complainant is a woman and house wife by profession to save something for her family for future the opposite parties motivated to the complainant through their agent and collected an amount of Rs.2,10,000/- under 12 months scheme which is fixed for one year and both the O.Ps assured to give a lucrative return of Rs.2,31,000/- after maturity of the said deposited amount i.e. dated 11.07.2015 and issued an Account No. 11395103103 and the said account number was issued in shape of certificates to the complainant for future purpose.
Date | Account No. | Deposited Amount | Maturity amount | Maturity date |
11.07.2014 | 11395103103 | 2,10,000.00 | 2,31,000 | 11.07.2015 |
As per the terms and conditions of the above scheme, both of the O.Ps are liable to pay the maturity amount on the date fixed i.e. 11.07.2015. When the complainant demanded to refund the matured amount of Rs.2,31,000/- of the said fixed deposit dated 11.07.2015 the O.P.No.2 asked the complainant to come after 30 days and when the complainant approached after lapse of said period of 30 days, the O.P.No.2 denied to give the said matured amount. Thereafter, till date the complainant approached the O.P.No.2 for refund of the matured amount with interest in regular interval in person and some time through her friends and relatives but O.P.No.2 paid deaf ear which amounts to deficiency in service and unfair trade practice and false assurances given by both the O.Ps are misleading. For these acts of both the O.Ps, the complainant facing untoward problem to meet the family needs in time. The acts of the O.Ps are deficiency in services and the O.Ps are doing unfair trade practice and misleads the complainant while motivating the innocent complainant in the initial period i.e. prior to fix deposit under 12 months scheme. And to redress the grievances, the complainant already spent huge amount of Rs.8000/- since the date of maturity i.e. 11.07.2015 till the date for which she facing irreparable loss, mental agony, financial hardship and also facing embarrassing situation in his family for not fulfilling the commitments given to the family members and also not able to do on her part of duty towards the family properly. And to meet the above needs of family the complainant constraint to make some hand loan from her relatives. To redress the grievance, the complainant issued an advocate notice through registered post with A.D on dated 27.11.2018 to both the parties respectively. The O.P.No.2 duly acknowledged the said registered notice of advocate around on 02.12.2018 but did not choose to reply to the complainant the reasons best known to the O.P.No.2 and similarly the other registered notice to O.P.No.1 also neither returned the AD card nor the registered notice till date to the advocate of the complainant. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to pay the matured amount of Rs.2,10,000/-with 24% interest per annum, compensation of Rs.5000/- and litigation cost of Rs.21,000/- to the complainant in the best interest of justice.
3. Notice was issued to the O.Ps. The O.Ps appeared through his advocate but not filed any written version, hence the O.Ps were declared exparte on 01.08.2019.
4. On the date of hearing of the consumer complaint, the advocate 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 from the complaint that the O.Ps through their agent had collected an amount of Rs.2,10,000/- under 12 months scheme which is fixed for one year and both of the O.Ps assured to give a lucrative return of Rs.2,31,000/- on the maturity date 11.07.2015 and issued a Account No. 11395103103 and the said account number was issued in shape of certificates to the complainant for future purpose.
Date | Account No. | Deposited Amount | Maturity amount | Maturity date |
11.07.2014 | 11395103103 | 2,10,000.00 | 2,31,000 | 11.07.2015 |
As per terms and conditions of the above scheme, both of the O.Ps are liable to pay the maturity amount on the date fixed i.e. 11.07.2015. When the complainant demanded to refund the matured amount of Rs.2,31,000/- of the said fixed deposit dated 11.07.2015 the O.P.No.2 asked the complainant to come after 30 days and when the complainant approached on lapse of said period of 30 days, the O.P.No.2 denied to give the said matured amount. Thereafter, till date the complainant approached the O.P.No.2 for refund of the matured amount with interest in regular interval in person and some time through her friends and relatives but O.P.No.2 paid deaf ear which is deficiency in services and unfair trade practice and assurances given by both the O.Ps are misleading. These acts of both the O.Ps, the complainant facing untoward problem to meet the family needs in time. The acts of the O.Ps are deficiency in services and the O.Ps are doing unfair trade practice and misleads the complainant while motivating in the initial period i.e. prior to fix deposit under 12 months scheme. And to redress the grievances, the complainant already spent huge amount of Rs.8000/- since the date of maturity i.e. 11.07.2015 till the date and facing irreparable agonies financially mentally, physically and also facing embarrassing situation in his family by not fulfilling the commitments given to the family members and also not able to do her part of duty towards the family properly. And to meet the above needs of family in constraint, the complainant made some hand loan from her relatives. To redress the grievance, the complainant issued an advocate notice through registered post with A.D on dated 27.11.2018 to both the parties respectively. The O.P.No.2 duly acknowledged the said registered notice of advocate around on 02.12.2018 but did not choose to reply to the complainant the reasons best known to the O.P.No.2 and similarly the other registered notice to O.P.No.1 also neither returned the AD card nor the registered notice till date to the advocate of the complainant. As the O.Ps did not release the maturity value of the complainant in spite of several effects as such getting no other alternative the complainant sent the legal notice through her advocate by registered post to the O.Ps on 27.01.2018 but till the date neither the O.Ps responded nor took any step for releasing the maturity value of the complainant. Though notice was sent by this Ld. District CDR Forum/Commission, Ganjam Berhampur for appearance and filing written version by the O.Ps but the O.Ps did not avail the said opportunity. Hence, taking the materials on the case record as well as the sole testimony of the complainant in to 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”.
On foregoing discussion and in view of the clear position of law the complainant’s case is partly allowed on exparte against the O.Ps. The Opposite Parties are jointly and severally liable as such they are directed to pay the maturity value of Rs.2,10,000/- along with 8% interest per annum to the complainant from the date of filing this case i.e. on 12.03.2019 within 60 days from receipt of this order. Further the O.Ps. are also directed to pay Rs.3000/- for compensation alongwith Rs.1000/- as costs of litigation to the complainant within the above stipulated period failing which all the dues shall carry 18% interest per annum.
The order is pronounced on this day of 22nd February 2021 under the signature and seal of this Forum. The office is directed to supply copy of order to the concerned parties free of cost and a copy of same is to be sent to the server of
