Date of filing:-06/03/2018.
Date of Order:-05/10/2018
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM(COURT)
B A R G A R H.
Consumer Complaint No. 27 of 2018.
Kaira Sahu son of Satrughan Sahu, aged about 55(fifty five) years, Occupation-Cultivation, resident of Patharala, Po. Govindpur, Ps/Tahasil and Dist. Bargarh (Odisha) ... ..... .... Complainant.
-: V e r s u s :-
The Branch Manager, Sahara Credit Co-operative Society Sohella Branch, Sohella
having its office situated at Sohela, Po. Sohela, Ps. Sohela, Dist. Bargarh.
..... ..... ..... ...... Opposite Party.
Counsel for the Parties:-
For the Complainant :- Sri S.P. Mishra, Advocate with others Advocates.
For the Opposite Party:- Ex-parte.
-: P R E S E N T :-
Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r (W).
Dt.05/10/2018. -: J U D G E M E N T:-
Presented by Ajanta Subhadarsinee, Member (w):-
The Complainant has filed this case U/s 12 of Consumer Protection Act-1986, against the Opposite Party alleging deficiency in service to him.
The brief fact of the case is that, the Complainant had deposited an amount of Rs. 56,984/-(Rupees fifty six thousand nine hundred eighty four)only bearing certificate Pass Book No. 999999.999999 and Account No. 18444204356 through an agent namely Janmajaya Sahu, bearing the membership No. 18441202538 of the Complainant in the office of the Opposite Party i.e. The Branch Manager, Sahara Credit Co-operative Society, Sohela Branch, At/Po. Sohela, Dist. Bargarh. The Opposite Party is a financial institution just like and equal to Bank, who deals with the money deposits of its customers and after its maturity it refunds the matured amount to its depositors, likewise if is the duty of the Opposite Party to render necessary services to his customers/depositors.
Further, the case of the Complainant is that the above noted amount deposited by the Complainant became matured on dated 15/05/2017 and the total maturity amount was Rs.60,659/-(Rupees sixty thousand six hundred fifty nine)only, the amount to which the Opposite Party is liable for. After the verbal request of the Complainant on Dt.11/11/2017 for his maturity amount, the Opposite Party has given only Rs.32,000/-(Rupees thirty two thousand)only on Dt.12/01/2018 in two times to the Complainant out of the total maturity amount of Rs.60,659/-(Rupees sixty thousand six hundred fifty nine)only and avoided to repay the rest of the amount of Rs.30,000/-(Rupees thirty thousand)only to the Complainant, in spite of several verbal request made by him.
Further the complaint contends that the Complainant was in urgent need of money for the marriage expenses of his son but the Opposite Party intentionally avoided him for rest of his maturity amount by putting him in mental agony and physical harassment, for which he under went for medical treatment and spent a lot, to which the Opposite Party is liable for and caused deficiency in service towards him. Finding no way out the Complainant had served a Regd. Pleader notice on Dt.06/02/2018 upon to the Opposite Party through his advocate to do the need full. But the Opposite Party remained silent in spite of receiving the same, hence the case has been filed by the Complainant.
This act of the Opposite Party amounts to deficiency in service, for which the Complainant has suffered mental agony and physical harassment from the Opposite Party without getting any benefit or utility upon the money deposited by him for the future benefit. Alleging deficiency in service on the part of Opposite Party the Complainant has prayed for his rest of Rs.30,000/-(Rupees thirty thousand)only of the maturity amount for payment and Rs.10,000/-(Rupees ten thousand)only for his mental agony caused by non-rendering of service to him by the Opposite Party.
The Complainant in support of his contention has filed the following xerox copies of the documents relating to the case:-
Aadhar Card of the Complainant.
The certificate supplied to the Complainant by the Opposite Party under the scheme of SAHARA M.Benefit (SCCSL) bearing certificate No. 176920000001. (1 sheet).
Application for the pre-maturity/loan against deposit and maturity claim form bearing Membership No. 18441202538 (2 sheets).
Office copy of pleader notice Dt.06/02/2018 with Original Postal receipt and AD,
31(thirty one) numbers of money receipts bearing Account No. 18444204356 and Membership No. 184411202538 supplied by the Opposite Party on different dates.
The above xerox copies were verified with the Original ones.
The Forum admitted the complaint petition by perusing it and the documents in its support and on hearing the argument of the advocate for the Complainant. Notice was sent to the Opposite Party for his appearance and version. SR not back from the Opposite Party though it has been sent on Dt.19/03/2018 to the Opposite Party through Regd. Post and the Opposite Party was absent for eight consecutive dates for his appearance and versioin before the Forum and the Advocate for the Complainant has prayed to set ex-parte the Opposite Party for his absent, It is considered the service is sufficient against the Opposite Party. Hence, the Opposite Party is set ex-parte on Dt.24/08/2018 and the case was posted for ex-parte hearing. Heard the advocate for the Complainant and the case was posted for ex-parte order accordingly.
Having gone through the entire case record and on hearing the counsel for the Complainant we are of the view to decide the matter on merit on the basis of the materials available in the record. And in such process the following points of issues came to our mind for proper adjudication of the case.
Whether the Complainant is a consumer as envisaged in the provision of the Consumer Protection Act -1986 ?
Whether the Opposite Party has committed any deficiencies in rendering service as alleged by the complaint ?
Whether the Complainant is entitled to his claim as enunciated by him ?
While dealing with issued No.1(one) as to whether the Complainant is a consumer in this case. On perusal of the record, it came to our notice that the Complainant has got a certificate vide Application No. 655415641235 and certificate No. 176920000001 and bearing Account No. 18444204356 from the Opposite Party SAHARA Credit Co-operative Society Limited, Authorised Centre SOHELA F.C. 184, under the scheme SAHARA M. Benefit (SCCSL), wherein it is mentioned that the amount of Rs. 56,984/-(Rupees fifty six thousand nine hundred eighty four)only is included in loyalty pan for six months as per the terms and conditions of the loyalty plan, which is supplied on Dt.15/05/2017 to the Complainant and the maturity amount of Rs. 60,659/-(Rupees sixty thousand six hundred fifty nine)only and the maturity payment date is Dt.11/11/2017. As per the documents available on record we noticed that on different dates the Complainant has deposited a total amount of Rs. 52,000/-(Rupees fifty two thousand)only with the Opposite Party and the Complainant has received the receipts against that amount separately each. Thus as per the provision enumerated in Sec. 2(I)(d) (ii) of Consumer Protection Act-1986, the Complainant becomes a consumer of the Opposite Party for hires/avail of service for him as such it is answered in favour of the Complainant.
Secondly, while considering the issue No.2(two) with regard to the question as to whether the Opposite Party is deficient in giving service to the Complainant or not, in this regard we scrutinized the material available in the record and the Complainant has filed 28 numbers of payment receipt supplied by the Opposite Party in his favour amounting to Rs.52,000/-(Rupees fifty two thousand)only in the name of the Complainant on different date, month and years. And at the same time, it is found that the Opposite Party has given a certificate bearing certificate No. 176920000001 and Account No. 18444204356 under the scheme Sahara M. Benefit on Dt.15/05/2017, having printed with the maturity amount of Rs.60,659/-(Rupees sixty thousand six hundred fifty nine)only mentioning the maturity date on Dt. 11/11/2017 therein, from which it is clear that the Opposite Party has taken an amount of Rs.56,984/-(Rupees fifty six thousand nine hundred eighty four)only from the Complainant on Dt.15/05/2017 and promised to repay the maturity amount of Rs.60,659/-(Rupees sixty thousand six hundred fifty nine)only on Dt.11/11/2017. But as per the complaint the Opposite Party has paid only Rs.32,000/-(Rupees thirty two thousand)only out of the above matured amount on Dt.12/01/2018 and when the Complainant had demanded for the rest amount, the Opposite party had avoided the same. Again as per the complaint, the Complainant had served a registered pleader notice to the Opposite Party through his advocate on Dt.06/02/2018 to do the needful but in spite of receiving the notice the Opposite Party remained silent without rendering any service to the Complainant. These above facts amounts to deficiency service on the part of the Opposite Party towards the Complainant. Hence our view with this regard is answered in favour of the Complainant, for which the Opposite Party is responsible and liable thereunder.
Again being noticed from the Forum the Opposite Party did not turn up personally nor filed version through any counsel to counter complaint case and to disprove the case of the Complainant.
Thirdly, while we examined as to whether the Complainant is entitled to the relief sought for by him as we have already examined the issues framed by us and have already given our view earlier against the Opposite Party, the Complainant is entitled for the redressal described under the provision of Consumer Protection Act-1986.
Delving deep into the matter and the discussion made in the decided issues basing on the evidences in the record, the Forum allowed the complaint and order as follows:-
-: O R D E R :-
The Forum hereby directed the Opposite Party to repay the rest of the amount of Rs.28,659/-(Rupees twenty eight thousand six hundred fifty nine)only with interest @ 12%(twelve percent) from the maturity date of the scheme i.e. Dt.11/11/2017, along with Rs.5,000/-(Rupees five thousand)only towards compensation for mental agony, harassment and litigation expenses to the Complainant within one month from receiving of this Order, failing which the total amount would carry an interest @ 15%(fifteen percent) from the date of filing of the case till the actual realization of the same.
Accordingly, the order is pronounced in the open Forum, in the result the Complainant is allowed against the Opposite Party and the same is disposed off to-day i.e. on Dt.05/10/2008.
Typed to my dictation
and corrected by me.
( Ajanta Subhadarsinee)
M e m b e r.
I agree,
( Sri Krishna Prasad Mishra)
P r e s i d e n t.
