Date of Filing             :    21 September, 2023.

Date of Judgement    :    03 September, 2024.

Mr.  Dhiraj Kumar Dey,  Hon’ble Member.

            This case arises when Smt. Neha Agarwal, hereinafter called the Complainant, filed a complaint under Section 35 of the Consumer Protection Act, 2019  (the Act), against (1) the Branch Manager (2) the Area Manager and (3)  the Chairman of M/s. Sahara Credit Cooperative Society Ltd. (M/s. Sahara India), hereinafter called the Opposite Parties or OPs, alleging deficiency in service occurred from the part of the OPs arising out of non-payment of the maturity amount payable against the deposited amount.

            The material facts arising out of the complaint petition and the annexed documents attached with it are that the Complainant’s mother-in-law, Mrs. Pushpa Devi Agarwal deposited at the office of the OP-1 an amount of ₹5,000/- in a scheme named as F6 SHARA.V.DOUBLE on 28/10/2015 for a period of 72 months. OP-1 issued a certificate in respect of this deposit on that date issued in the name of M/s. Sahara Credit Cooperative Society Ltd. The Maturity date is written therein is 28/10/2021 and the Maturity Amount is written as ₹10,000/-.  During her lifetime the said Pushpa Devide Agarwal transferred tsaid certificate in the name of the complainant on 28/02/2017. During the plan period the depositor/mother-in-law of the complainant died on 28/11/2020. Complainant stated that after the maturity period she wanted to withdraw the maturity amount and so she approached to the OP-1 with an intention to deposit the original certificate along with other documents.  Instead of receiving the documents the OP-1 assured her that after some months they will disburse the maturity amount by issuing cheque in favour of the depositor/complainant. Days passed by but the complainant could not receive the maturity amount. She frequently visited the office of the OP-1 with her earnest request but her efforts could not bring any satisfactory result.  Lastly she sent a letter to all the OPs on 26/06/2023 requesting them to disburse the maturity amount.  But this time also her effort could not bring any satisfactory result.  Ultimately she filed this instant complaint on 21/09/2023 before this Commission praying to direct the OPs: (i) to pay compensation of ₹1,00,000/- for his mental and financial harassment caused due to deficient act of the OPs, (ii) to refund the maturity amount of ₹10,000/- together with interest,  (iii) to pay simple rate of interest upon all the dues payable to her till realisation,  (iv) litigation cost of ₹20,000/- and any other relief or reliefs as this Commission may deem fit and proper and to pass such order restraining the OPs from doing such harassment.

            Complainant filed copies of (i) the Certificate bearing No. 765000770958 issued by the OP-1 on 28/10/2015, (ii) receipt bearing No. 080512219876, dated 28/10/2015, (iii) receipt bearing No. 080611787798, dated 28/02/2017 regarding transfer of account in the name of the complainant, (iv) death certificate of Pushpa Devi Agarwal registered on 30/12/2020  and (ii) the letter dated 26/06/2023 issued by her to the OPs along with postal track reports as annexure to the complaint petition.  

            Notices were served upon the OPs, after admission, to appear and contest the case by filing their written version.  OPs did not appear before this Commission nor did they file their written version for which the case proceeded ex parte. Then the complainant filed her Evidence on Affidavit. Thereafter argument was heard in details and the complainant filed the Brief Notes on Argument.  We have now come to the position to deliver the Final Order in this case.  We have to decide whether the OPs are deficient in rendering proper service to the complainant by non-disbursing the payable amount for which the complainant is entitled to get relief as prayed for.

DECISION WITH REASONS

            The factual matrix of this case as emerged from the complaint and the annexed documents are that Smt. Pushpa Devi Agarwal, the mother-in-law of the complainant, had deposited an amount of ₹5,000/- on 28/10/2015 at the office of the OP-1.  On that date the OP-1 issued a certificate on behalf of Sahara Credit Cooperative Society Limited, having its registered office at Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024, bearing Certificate No. 765000770958.  The name of the Scheme as is written in this certificate is F6 SAHARA.V.DOUBLE.  Tenure of this scheme was for 72 months. Account Number was assigned as 15855604225 for this deposit. Date of maturity was written as 28/10/2021 and the maturity amount was written as ₹10,000/-. A Receipt bearing No. 0805112219876 was also issued on that date to the depositor.  Before the death of Smt. Pushpa Devi Agarwal/Depositor she transferred the certificate in the name of the present complainant on 28/02/2017 and a receipt was also issued vide No. 080611787798 accepting ₹10/- as Member to Member Transfer Fee. Complainant stated that after the maturity date she approached to the OPs so that she could get back the maturity amount but the OPs failed to disburse the maturity amount in favour of the complainant.  Her repeated requests yielded no results for which she filed the instant case to get relief as prayed for in her complaint.

            Scheme Features and a format for withdrawal of the payable amount has been given on the reverse page of this certificate, but we are not going to discuss on these matters as the complainant claimed the maturity amount as is written in the certificate.

            As the OPs did not participate in contesting this case even after receiving notice we have no contrary material to counter or rebut the complaint petition which was put forward by the complainant.

            So, it is a fact that the complainant has not received the payable amount due to inaction of the OPs.  According to the definition of the Consumer Protection Act, 2019 the complainant is definitely a ‘Consumer’ of the OPs who promised to give ‘Service’ to the Consumer/Complainant by way of monetary benefit.  But the OPs failed to give service to the complainant according to the scheme thereby causing deficiency in service from the part of the OPs for which the complainant is entitled to get relief.  The OPs are liable to refund the promised maturity amount together with compensation for their deficiency in service.  Complainant prayed for ₹1,00,000/- as compensation for her mental and financial harassment and also prayed for simple rate of interest upon all dues payable till full and final realisation.  But it is a settled principle that when award is given in the form of interest then awarding compensation along with interest is unjustified.  So, we think that awarding interest at the rate of 9% per annum on the maturity amount of ₹10,000/- with effect from the date of maturity will be sufficient in this case.  The complainant is also entitled to get ₹5,000/- as litigation cost from the OPs as she is compelled to approach before this Commission for redressal of her complaint.

            Hence, it is

ORDERED

            that the Complaint Case No. CC/210/2023 be and the same is allowed ex parte against the Opposite Parties.

            The Opposite Parties are directed to pay the Complainant the promised maturity amount of ₹10,000/- along with a simple interest at the rate of 9% per annum with effect from 28/10/2021 till the date of this order.  The Opposite Parties are also directed to pay ₹5,000/- as litigation cost to the complainant.

            If the Opposite Parties failed to comply with this order then the complainant will have the liberty to take recourse under the law.

            Let a copy of this order be issued to all the parties free of cost.

Dictated and corrected by me

            Member.