DATE OF DISPOSAL: 29.01.2024

Smt. Saritri Pattanaik, Member (W)

1. 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 Commission.
2. The complainant is having self-employment at Badodarta city in the Gujurat District now and by earning hard earned money deposited for his family. On motivation of the O.P.No.2 & 3 through their agent has deposited an amount of Rs.5/- towards Nominal Membership Fees vide Receipt No. 080041556820 dated 06.07.2011 and Rs.80,000/- as fixed deposit for 96 months on 06.07.2011 vide Receipt No: 80041556822 at O.P.No.2 office under ‘Sahara-E-shine’ scheme bearing Document Reference No.471002918620/FA Code : 930013 with declared terms and conditions.  Accordingly, O.P.No.2 has collected the amount for 96 months on behest of O.P.No.1. The O.P. No.2 has issued a Sahara-E-shine certificate bearing No.351000638540, Membership No. 25391102526 and Account No: 25393700593 fixed the maturity date 06.07.2019 and the maturity amount of Rs.1,81,120/-on 06.07.2011. While the matter stood thus, the complainant also approached to the Grievance Cell of Hon’ble Chief Minister of Odisha and registered it as grievance petition No: CMOFF/E/2020/05971 and the office of the Deputy Registrar Cooperative Societies, Berhampur Division, Berhampur vide letter No. 377 dated 18.02.2021 has fixed for hearing on 25.02.2021 at 3.00pm at their office and the complainant submitted his version before the DRCS, Berhampur through email on 25.02.2021 but the O.P.No.2 paid deaf ear to the said enquiry notice. Whenever the complainant approached the O.P.No.2 and 3, they have asked to come after three months period and in constraint, the complainant issued a registered self-demand notice dated 13^th July 2021 through Registered Post with AD to O.,P.No.2 and which was duly acknowledged by the O.P.No.2 on 15.07.2021 but all in vain.  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.1,81,120/-  with 33% interests per annum, compensation of Rs.25,000/- and litigation costs of Rs.10,000/- in the best interests 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 24.05.2022.
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 that the complainant had deposited Rs.80,000/- on dated 06.07.2021  and entitled to receive Rs.1,81,120/- on 06.07.2021 from the O.Ps.   Though notice was sent by this Ld. District CDR 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”. In another case when a company or a firm invites deposits on promise of attractive rates of interest and prompt repayment of principal and interest on the expiry of the stipulated period with full security for the investment in the shape of the assets of the company or firm, it is in essence of an offer by the company providing to interested persons a safe avenue for investment of their fund with an assurance of prompt repayment and full security of investment. The consideration for the arrangement consists of the fact that the company or firm is enabled to use the funds deposited with it for the purposes of its business. Such a transaction is clearly one of providing service for consideration and depositor is clearly a consumer under the Act. The Opposite Party was directed to repay the guaranteed value of the deposits with interests @ 12% per annum till payment and to pay the cost- Shanker Lal Rathi Versus Neha Leasing & Holdings ltd. 1996 (2) CPR 90. 
5. Moreover in another case the Hon’ble National Consumer Commission held in Adelkar Prathibha B. (Mrs.) & Ors V. Shivaji Estate Livestock and Farms Pvt. Ltd. & Ors reported in II (2015) CPJ 221 (NC) that “Complainant hired or availed services of O.P. for investing their savings in schemes floated by O.P. and deposited money with it for investing on their behalf in Goat Farming and allied activities- Complainant are consumers, Remedy before Consumer Forum is primarily a civil remedy- Complaint maintainable. Failure on parts of financial establishment to honour its commitment- Deficiency in service – Unfair trade practice- OP is directed to refund the investment made by complainant in scheme floated by it”.
6. 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.1,81,120/-only along with 4% interest per annum  to the complainant within 45 days from receipt of this order. Further the O.Ps are also directed to pay Rs.3000/- as costs of litigation to the complainant within the above stipulated period failing which all the dues shall carry 12% interest per annum till its actual date of realization from the date of filing of this case i.e. on 29.09.2021 and the complainant is at liberty to take appropriate steps in accordance to the Consumer Protection Act, 2019 for realisation of all dues. This case is disposed of accordingly.

       The Judgment be uploaded on the www.confonet.nic.in for the perusal of the          parties.

        A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019 or they may download same from the www.confonet.nic.in to treat the same as if copy of the order received from this Commission.

        The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 29.01.2024