Date of filing : 17.09.2018.
Decided on : 26.04.2019.
J U D G E M E N T
Bibekananda Pramanik, President – This consumer complaint under section 12 of the C.P. Act, 1986 has been filed by the complainant Smt. Rekha Agarwal against the O.ps. named, above, alleging deficiency in service on their part.
Complainants’ case, in brief, is as follows :-
Smt. Puspa Devi Agarwal, the mother-in-law of the complainant opened a recurring deposit account vide no.15854209676 under the scheme of the O.ps. on 27/11/2012 for a tenure of 60(sixty) months and the mode of yearly payment was Rs.3,600/-. In terms of such scheme, the mother-in-law of the complainant was entitled to get redemption value of said investment of Rs.24,345/-. After opening such account Smt. Puspa Devi deposited 5(five) consecutive yearly installments of Rs.3,600/- each till 28/11/2016. Thereafter Smt. Puspa Devi transferred her said account in the name of the complainant on 28/04/2017 vide receipt no.80655089623 dated 28/04/2017. After expiry of said tenure of 60(sixty) months, the complainant requested the O.p.s to refund the redemption amount of Rs.24,345/-of the said account to her but the O.ps. did not pay her the said amount. Hence the complaint praying for directing the O.ps. to pay the redemption amount of Rs.24,345/- with interest and for an order of compensation and cost.
O.ps. have contested this case by filing w.v. Denying and disputing the case of the complainant it is specific case of the O.ps. that despite several requests, the complainant did not produce the original Sahara M-Benefit certificate and KYC before the O.ps. for internal process for disbursement of payment. It is stated that on 20/03/2018 the complainant herself requested the O.ps. for re-investment of her maturity amount. It is also stated by the O.ps. that the complainant is not a consumer under the O.ps. as the transaction in commercial in nature. O.ps. therefore pray for dismissal of the complaint with cost.
To prove her case, the complainant has tendered her written examination-in-chief supported by affidavit in evidence and she has also produced all relevant documents in support of her case. O.ps. were given opportunity to put questionnaires against the said evidence of the complainant but they declined to submit any questionnaire. They also did not file any evidence by way of affidavit.
POINT FOR DECISION
- Is the complainant a consumer of the O.ps?
- Is there any deficiency in service on the part of the O.ps.?
- Is the complainants entitled to get the reliefs, as prayed for?
DECISION WITH REASONS
Point nos. 1, 2 and 3:
For the sake of convenience and brevity, all the above points are taken up together for consideration.
It appears to us that the complainant in her evidence by way of affidavit has fully corroborated her case of the petition of complaint and the documents filed by her also lend support to the case of the complainant. In spite of availing opportunity, the O.ps. did not cross examine the complainant by way of filing questionnaire. O.ps. also did not file any evidence to corroborate their case of the written version. It thus appears that the evidence of the complainant remains unchallenged. So in view of the said evidence of the complainant both oral and documentary, remaining unchallenged, we are constrained to hold that the complainant’s case is proved and she is entitled to get the reliefs, as prayed for.
All the points are accordingly decided in favour of the complainant.
In the result, the complaint case succeeds.
Hence,
it is,
O R D E R E D
that the complaint case no.342/2018 is allowed on contest with cost against the O.ps.
O.ps. are jointly and severally directed to pay the redemption value of Rs.24,345/- with interest @6% per annum w.e.f. the date of filing of this complaint till realization to the complainant and they are further directed to pay the complainant a sum of Rs.10,000/- as compensation and Rs.3,000/- as litigation cost.
All such payment shall be made by the O.ps. within 2(two) months from this date of order.
Let plain copy of this order be given to the complainant free of cost.
Dictated and corrected by me.
(Bibekananda Pramanik)
President, D.C.D.R.F.,
Howrah.
