Date – 28.02.2022

MRS.  SAGARIKA  SARKAR

                               MEMBER

Case of the complainant is that the complainant Madhuri Paul invested Rs.1,02,000/- on 23.03.2019 for the period of 12 months and Rs.10,000/- on 15.05.2014 for the period of 72 months with the fixed deposit scheme of OP-Sahara Credit   Co-operative Society Ltd.  It is stated in the petition of complaint that OP-Sahara  thereafter issued certificates in favour of the complainant vide number 914000093476 and 705001296897 . it is further stated that after maturity the complainant had been to the office of the O.P. No.1 and requested to refund the maturity amount in favour of her but after expiry of a considerable spell of time O.P. did nothing to make payment of the said amount. Thereafter, the complainant by sending letter dated 15.12.2020 requested the O.P. to refund the maturity amount in favour of her but till date O.P. did nothing to that effect.  Finding no other alternative complainant files this case praying for the direction upon the O.P.s to refund the total maturity amount of Rs.1,31,490/- along with interest from the date of maturity till realization and compensation of Rs. 50,000/-.

Notices were duly served upon the O.P.s.  Inspite of service of notice none appeared on behalf of the O.P.s. Hence, this case  was proceeded ex parte against the O.P.s vide Order No. 6 dated 17.09.2021.

Decision with reasons

Complainant Madhuri Paul files original certificates from where it appears that the complainant invested Rs.1,02,000/- on 23.03.2019 for the period of 12 months and another amount of Rs.10,000/- on 15.05.2014 for the period of 72 months with the O.P.s and the same was matured on 23/03/2019 and 15.05.2020 respectively. It is therefore, evident that O.P.s have promised to refund the maturity amount on 23.03.2019 and 15.05.2020 but they 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”.  Therefore, it is very much clear that there is deficiency in service on the part of the O.P.s. Further we hold that from the 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/- and Rs.10,000/-.  Since the said amount is lying with the O.P.s, the complainant, as per our assessment is entitled to get Rs.10,000/- for compensation and interest @ 6% p.a. from the date of filing of this case till realization.

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.23/2021 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.1,31,490/- (Rupees One lakh Thirty One thousand Four hundred and Ninety Only)  with interest @ 6% per annum from the date of filing of this case till realization along with compensation of Rs.1,000/- (Rupees Ten Thousand Only) to the complainant within One (1) month from the date of communication of this order to the O.P.s failing which the entire amount shall carry interest @5%  per annum  for the default period.