Orissa

Kalahandi

CC/42/2018

Nirmal Chandra Mahapatra,aged about 34 years - Complainant(s)

Versus

The Branch Manager Sahara India, Bhawanipatana - Opp.Party(s)

31 Jan 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KALAHANDI
NEAR TV CENTRE PADA BHAWANIPATANA KALAHANDI
ODISHA PIN 766001
 
Complaint Case No. CC/42/2018
( Date of Filing : 10 Jul 2018 )
 
1. Nirmal Chandra Mahapatra,aged about 34 years
S/o- Padmanabha Mahapatra R/O- VillageLakhguda, Po-Rupra Road Ps-Narla
Kalahandi
Odisha
...........Complainant(s)
Versus
1. The Branch Manager Sahara India, Bhawanipatana
At:Near in fromt of BSNL Office,Bhawanipatna Po/Ps-Bhawanipatna,
Kalahandi
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. GOPAL KRISHNA RATH PRESIDENT
 HON'BLE MRS. BHAWANI PATTANIAK MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 31 Jan 2020
Final Order / Judgement

Counsel for the parties:

For the complainant: Sri A.K.Padhi,Advocate.

For the O.P: Sri M.P.Singh,Advocate

 

                                            JUDGMENT

          The facts of the complaint in brief is that the complainant has made a fixed deposit of Rs.15,000/- on dt.05.11.2011 vide Receipt No.80082704031 with the Opp.Party Sahara India, Bhawanipatna Branch  for 96 months  and the date of maturity is  5.11.2019 and the maturity value is Rs.33,960/-.  As per the scheme  the account holder can take pre stage maturity payment prior to the declared tenure, subject to completion of sixty month from the date of opening the account.  As the complainant was in dare need of money  he went to the office of the OP and approached the OP  in the month of March,2018 for return   of the said amount  along with accrued interest but the OP  did not allow the complainant to withdraw the amount. The complainant approached several times to  the Opp.Party  for payment of his deposited  amount but the Opp.Party did not listen  to the complainant. The complainant contacted the Opp.Party from time to time but the Opp.Party has paid a deaf ear and due to non payment of the said amount the complainant sustained mental agony and hence prayed to direct the OP to pay the deposited amount with accrued interest and compensation for mental agony  for harassment . Hence, this complaint.

           Being noticed the Opp.Party  appeared through Sri M.P.Singh, Advocate but failed to  filed   written version and we proceeded the matter in absence of the written version of the  Opp.Party.

Now the point for consideration is whether the complainant is entitled to get the relief  as prayed for ?

          We perused the material available on record placed by the complainant. The case of the complainant is that he has made a fixed deposit for  an amount of Rs.15,000/-  to the Opposite Party  and though the date of matured was 05.11.2019 as the complainant was in dare need of money he approached the Opp.Party to withdraw the deposited amount before maturity date   but the Opp.Party in spite of  repeated approaches failed to pay the amount. As per the terms and conditions of the bond the  Opp.Party did not act and failed  to pay the amount  of the bond in spite of the repeated demands and the efforts made by the complainant. Hence, this complaint was filed.

In view of the aforesaid findings we found the Opp.Party  deficient in their service in not payment the maturity amount of the complainant in time. As per the bond now the deposited amount has already been got maturity and the complainant is entitled to get the maturity amount. Hence,  we allowed the complaint petition  and direct the Opp.Party to pay the maturity amount with interest.

                            O R D E R

           The Opposite Party Sahara India , Bhawanipatna Branch is  directed to pay the maturity amount  of Rs.33,960/-  with 9%  interest from the date of their  maturity i.e. 05.11.2019 along with compensation of Rs.10,000/- towards mental agony and harassment with litigation expenses of Rs.5,000/-to the complainant within 30 days from the date of receipt of this order till the date of its payment.

           Pronounced in open forum today on this 31st    day of January,2020 under the seal and signature of this forum.

                    

                       Member                                        President

Documents relied upon:

By the complainant:

  1. Copy of  Receipt No.80082704030
  2. Copy of application of complainant dt.02.07.2018

By the Ops: Nil.

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[HON'BLE MR. GOPAL KRISHNA RATH]
PRESIDENT
 
 
[HON'BLE MRS. BHAWANI PATTANIAK]
MEMBER
 

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