FINAL ORDER/JUDGEMENT

SMT.   SUKLA SENGUPTA,   PRESIDENT            

The complainant filed this case U/s 35 of CP Act, 2019.

The fact of the case in brief is that the complainant has deposited a sum of Rs.  23,485/- (Rupees twenty three thousand four hundred eighty five) only as fixed deposit through an agent of the OP Sahara Credit Co. Operative Society Ltd. and got the certificate to that effect under the name and style “Sahara Special Fix”. The maturity amount of which is/was Rs. 27,502/- and maturity date is is/was 12.05.2020. It is further stated that after maturity date, the complainant applied for refund of maturity amount vide letter dated 07.05.2022. Despite receipt of the said letter, the OP did not pay the maturity amount and also did not care to address the grievance of the complainant. Being the consumer under the OP, the complainant has suffered from harassment mental agony and pain by the misconduct of the OP as the OP neglected to return the maturity value of the certificate being certificate No.  787003352513 amounting to Rs. 27,502/-. The maturity date of which is/was 12.05.2020. Hence, the case is filed by the complainant with the prayer to give direction to the OP to refund the maturity value of savings certificates being No. 787003352513 amounting to Rs. 27,502/- only as maturity value along with compensation of Rs. 10,000/- only for harassment and mental agony and litigation cost of Rs. 5,000/-

 The OP member did not appear in this case even after getting notice. As a result, the case do run ex parte against them vide order No. 04 dated 13.09.202.

1. In view of fact and circumstances, it has been directed by the commission?

2. Whether the complainant is a consumer as per CP Act?

3. Whether there is/was any deficiency in service on the part of the OP member?

4. Is the complainant entitled to get relief as prayed for?

5. What other relief or reliefs is the complainant entitled to get?

Decision with Reasons

All the points are taken up together for convenience of discussion and to avoid unnecessary repetitions.

From the unchallenged evidence of the complainant, it is crystal clear that he deposited a sum of Rs.  23,485/- only as fix deposit through the agent of Sahara Credit Co-operative Society Ltd. and obtained a certificate as under the name and style “Sahara Special Fix” being certificate No. 787003352513 of which the date of maturity was 12.05.2020 and the maturity date was 12.05.2020 and the amount is Rs. 27,502/- only.

It is also evident from the materials and evidence on record that even after maturity the complainant approached the OP to handover the maturity amount as mentioned above regarding the Sahara Special Fix certificate to him but the OP did not handover the same by taking several pleas from which it can safely be held by this commission that being a consumer the complainant is/was entitled to get the maturity amount of Rs. 27,502/- after maturity of fixed deposit under certificate No.  787003352513 Of Sahara special fix which he deposited initially of Rs. 23,485/- on 12.11.2018. But due to utter negligence and deficiency in service on the part of the OP the complainant could not get the amount as the OP denied the same to the complainant which he cannot deny.  Such conduct of the OP caused harassment mental pain and agony as well as financial loss to the complainant.

Hence, in view of the discussion made above, it is held by this commission that the complainant being a consumer is entitled to get back the maturity amount of Rs. 27,502/- after the date of maturity i.e.  12.05.2020 which is deposited initially Rs. 23,585/- in the scheme of the OP under the name and style “Sahara Special Fix”  on 12.11.2018 under the certificate No. 787003352513 but he could not get it due to utter negligence of the OP for which the OP is liable to compensate the same to the complainant.

In some the complainant could be able to prove his case beyond doubt.

The case is properly stamped.

All the points are decided accordingly.

Hence,

Ordered

That the instant case be and the same is allowed ex parte against the OP.

The complainant do get the decree in his favour in ex parte against the OP.

The OP is directed to refund the maturity value of the saving certificates amount to Rs.  27,502/- to the complainant. The OP is further directed to pay compensation of Rs. 10,000/- only to the complainant for harassment and mental agony along with interest @ 9 % p.a. from the date of filing of this case till realisation and also directed to pay the  litigation cost of Rs. 2,000/- to the complainant.

The OP is directed to comply the decree within a period of 45 days from the date of this order.  I.d. the complainant is entitled to get interest @ 6 % p.a. on the entire amount from the date of default till realisation.

If the OP would fail to comply the decree within the stipulated period then the complainant be at liberty to execute the decree through court.

Copy of the judgment be supplied to the parties free of costs as mandated by the CP Act, 2019. The Judgement be uploaded forthwith on the website of the commission for perusal of the.