JUDGEMENT

Date – 17.01.2022

MRS.  SAGARIKA  SARKAR

                               Member

Case of the complainant is that the complainant Mr. Nikhil Paul invested Rs.1,02,000/- with the fixed deposit scheme of OP- Sahara Credit Cooperative Society Ltd. on 23/03/2019 for the period of 12 months having Certificate No. 705001296898.

It is stated in the petition of complaint that after expiry of maturity date on 23/03/2020 the complainant went to the office of the OP and submitted his claim. It is further stated that the complainant on several occasions requested the o.p.s to disburse the maturity amount in favour of him but o.p. did nothing to that effect.  Finding no other alternative the complainant send the Advocate’s letter to the O.P. on 15/12/2020 but O.P. did not turn up, hence the complainant filing this case praying for the direction to the O.P. to refund the maturity amount of Rs.1,10,670/- along with compensation and litigation cost.

Notices were duly served upon the O.P.s.  Inspite of receiving notice none appears on behalf of o.p.s.  

Hence, the case is proceeded ex parte against the Ops.

Decision with reasons

The complainant Mr. Nikhil Paul filed original certificate from where it appears that the complainant invested Rs. 1,02,000/- with the Sahara Credit Cooperative Society Ltd. on 23/03/2019 for the period of 12 months and the same was matured on 23/03/2020. It is stated in the petition of complaint that after maturity of the said amount the complainant claimed the maturity amount of Rs.1,10,670/-.  It is therefore, evident that O.p.s have deviated from the promise of disbursement of the maturity amount. However, Section 2(II) of Consumer Protection Act, 2019 runs as follows;

“deficiency means any fault, imperfection, shortcoming or inadequacy in the quality nature and manner of performance which is required to be maintained by or under any law for the time being in-force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service” it is very much clear that there is deficiency in service on the part of the Ops. We hold that from unchallenged evidence adduced by the complainant it is evident that the said amount is also payable on the date of maturity of the deposited amount of Rs. 1,02,000/-. Since the said amount is lying with the Ops, the complainant, as per our assessment is entitled to get Rs.5,000/- for compensation and further since the inaction on the part of the Ops has compelled the complainant to file the instant case the Ops are liable to pay the litigation cost which as per our assessment is Rs.5,000/-.

In the result the consumer complaint succeeds.

Court fee paid correct.

Hence, it is,

                                               O r d e r e d

that consumer complaint case being no. 21/2021 is allowed ex parte with cost against the O.p.s.

The O.p.s are directed to refund jointly and severally the deposited amount of Rs. 1,10,670/- (Rupees One lakh Ten thousand Six hundred and Seventy Only) along with compensation of Rs.5,000/- (Rupees Five Thousand Only) and litigation cost of Rs.5,000/- (Rupees Five  Thousand Only) to the complainant within one month from the date of communication of this order with the Ops failing which the entire amount shall carry interest @5%  per annum  for the default period.

I agree