DATE OF DISPOSAL: 03.03.2020.
Sri Karuna Kar Nayak, President.
The complainant Laba Sahu 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 his grievance before this Forum.
2. Briefly stated the case of the complainant is that he is a self-employed and by selling fast food earning money for his family and on motivation of both of the O.Ps through their agent has deposited an amount of Rs.2,00,000/- on 30.06.2016 under 18 months scheme and the O.Ps has issued 14 numbers of account number of Rs.15,000/- each from 11396201915 to 11396201928 of the same date i.e. 30.06.2016 and fixed the matured date to 30.12.2017 and the O.Ps declared the matured amount of Rs.17,445/- for each account and the total matured amount for the said 14 numbers of account is Rs.2,32,600/-. In accordance to terms and conditions of the above scheme, both the O.Ps are liable to pay the maturity amount on the date of maturity i.e. 30.12.2017 and when the complainant demanded the matured amount the O.P.No.2 advised to the complainant to come after 30 days from today and when the complainant approached the O.P.No.2 on lapse of said period of 30 days, again the O.P.No.2 denied to give the said matured amount, the reasons best known to them. Thereafter, the complainant approached the O.P.No.2 in person for refund of the fixed deposits with interest which was matured as per scheduled dates with interest in regular intervals but O.P.No.2 paid deaf ear which is tantamount to deficiencies in service and unfair trade practices and assurances given by both the O.Ps are misleading. By these acts of both the O.Ps, the complainant facing untoward problems to meet the family needs in time. The acts of the O.Ps are deficient in services and the O.Ps are deficient in services and the O.Ps are doing unfair trade practices and mislead the complainant while motivating in the initial period i.e. prior to deposit under 18 months scheme. The complainant already spent huge amounting of Rs.5000/- since the date of maturity i.e. 30.12.2017 till date and facing irreparable agonies financially, mentally, physically and also facing embarrassing situation in his family by not fulfilling the commitments given to his family members like could not able to provide better education, treatment when needed by his children, cloth etc. and also not able to maintain the family properly. To meet the above needs of family, in constraint the complainant made some hand loan from his friends and relatives. The complainant issued registered advocate notice dated 28.08.2018 to both the O.Ps on 31.08.2018 through postal receipt No.RO 929715215IN and RO 929715290IN respectively. The O.P.No.2 duly acknowledged the said registered notice of advocate on 1.9.2018 but did not choose to reply to the complainant the reasons best known to them and similarly, the other registered notice of O.P.No.1 also neither returned the AD card nor the notice till date to 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.2,32,600/- with 24% interest per annum, compensation of Rs.5000/-, miscellaneous expenses of Rs.5000/- and litigation cost of Rs.23,260/- to the complainant in the best interest of justice.
3. Notices were issued to the Opposite parties. But the O.Ps did not appear and file their written version on the date fixed as such they are set exparte on 26.03.2019. Thereafter, Dr. L.N.Das, Advocate appeared on behalf of the O.Ps and filed a petition to set-aside the exparte order. As this Ld. Forum has no power to set aside its own order as such the set-aside petition of the O.P’s advocate stands rejected on 13.02.2020.
4. On the date of exparte hearing of the case, we heard the learned counsel for the complainant and have gone through the case record and also perused the materials on the case record. We have also thoughtfully considered the submission made before us by the learned counsel for the complainant. It reveals from the materials on the record that the O.Ps have issued the 14 numbers of Bonds/Certificates bearing No.11396201915 to 11396201928 to the complainant mentioning therein the investment amount, maturity amount, maturity date etc. After the maturity date on 31.08.2018 the complainant sent a registered letter through his advocate requesting the O.Ps for getting the maturity amount of the said Bonds but the O.Ps did not respond for which the complainant has undoubtedly sustained mental agony. In the instant case though opportunity was given to O.Ps for their appearance and filing written version but they did not prefer to appear as such the O.Ps are set exparte. The complainant has also filed an affidavit in support of his claim. 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 hold that “Non payment of fixed deposit amount on its maturity by Financial Institution constitutes deficiency in service”.
5. On foregoing discussion, it is clear evident that the O.Ps are negligent in rendering proper service to the complainant. Hence in our considered view there is deficiency in service on the part of the O.Ps.
In view of the above decision of law, the complainant’s case is 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 the Bonds/certificates from No.11396201915 to 11396201928 with 08% interest per annum from the date of filing this case i.e. on 25.10.2018 to the complainant within 60 days from receipt of this order. Further the O.Ps are also directed to pay Rs.10,000/- for compensation along with Rs.2000/- as cost of litigation to the complainant within the above stipulated period failing which all the dues shall carry 12% interest per annum.
The order is pronounced on this day of 3rd March 2020 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.
