The case of the complainant in a nutshell is that he opened two accounts bearing (i) Account no.15847400376 for sum of Rs.25,000/- (Rupees twenty five thousand) only with date of maturity on 19/05/2020 and maturity amount of Rs.31,360/- (Rupees thirty One thousand three hundred and sixty) only  and Account No.15846700028 dated 21/11/2016 for Rs.38,383/- (Rupees thirty eight thousand three hundred and eighty three) only with Humara India Credit Co-operative Society Limited.

The complainant visited the Branch office/opposite party no.1 after the date of maturity of the above mentioned two accounts but he was told that the maturity amount could not be paid as they had no money for payment.  He was further asked to contact for payment after some time. The petitioner again visited the office of the opposite parties but no fruitful result yielded. It is the further case of the complainant that such act of the opposite parties amount to deficiency in service and the complainant is entitled to get compensation for the harassment he suffered. Hence, this case.

On perusal of the materials on record it appears that the opposite parties inspite of service of notices deliberately not appeared in the case.

Therefore the case was fixed ex-parte against the opposite parties.

The complainant has filed evidence in the form of affidavit along with the original documents which are marked Ext-1, Ext-2 and Ext.3 series respectively.

On perusal of the documents Ext-1 and Ext-2 it appears that the complainant has deposited a sum of Rs.25,000/- (Rupees Twenty Five Thousand) only on 19/05/2018 and the maturity date was 19/05/2020 and the maturity value was Rs.31,360/- (Rupees thirty one thousand three hundred and sixty) only. In account no.15847400376, as per the condition stipulated in the certificate, the complainant was entitled to 383 joining points which could be approximately Rs.38,383/- (Rupees thirty eight thousand three hundred and eighty three) only after expiry of 24 months from the date of joining based on conversion rate in the form of case/cash equivalent services as may be decided by the Board of Directors depending on the performance of the society from time to time.

However, the complainant has not submitted any document regarding account no.15846700028 for the claim of Rs.38,383/- (Rupees Thirty Eight Thousand Three Hundred and Eighty Three) only in this case.

Be it mentioned here, Ext-2 reveals that the complainant will be entitled to 383 joining points which approximately could be availed at Rs.38,383/- (Rupees thirty eight thousand three hundred eighty three) only after expiry of 24 months from the date of joining based on conversion rate in the form of cash/cash equivalent services as may be decided by the Board of Directors depending on the performance of the society from time to time.

In this case no document has come forth regarding any decision by the Board of Directors of Humara India Credit Co-operative Society Limited in this respect neither the same has been pleaded by the complainant in the complaint application or in his evidence.  Therefore the approximate amount of Ext-2 cannot be ascertained.

Moreover, the instant case has been filed by the complainant prior to expire of 24 months. Therefore no reliance can be placed on Ext-2 at this stage.

Ext-3 reveals that the complainant sent a demand letter through his Ld. Advocate  on 03.12.2020 for payment of the maturity value against Account no.15847400376. Ext-3/1 and Ext-3/2 reveals that the said demand notices were sent upon the opposite parties through postal department.

The complainant undoubtedly comes under the definition of ‘Consumer’ under section 2(7) of the Consumer Protection Act, 2019. 

The complainant has been able to prove his case in part by submitting evidence in the form of affidavit and exhibited documents which remained unchallenged and un-rebutted in this case. It is apparent that the failure of the opposite parties to pay the promised maturity amount is gross negligence which tantamount to deficiency in service on their part.

Therefore, the complainant succeeds.

Hence, it is

O R D E R D E D

That the complainant case be and the same is allowed ex-parte in part against the opposite parties with cost.

that the opposite parties shall pay a sum of Rs.31,360/- (Rupees thirty one thousand three hundred sixty) only along with 7% simple interest from the date of filing of this complaint to the complainant within a period of two  months from this day, failing which the opposite parties shall be liable to pay simple interest @9% till actual date of payment.

The opposite parties shall pay a sum of Rs.20,000/- (Rupees twenty thousand) only to the complainant as compensation and litigation cost within 30 days from the date hereof failing which they shall be liable to pay simple interest @ 9% per annum on the said amount till the actual date of payment.

Dictated and corrected by me

                Member