Counsel for the parties:

For the complainant: Self

For the O.P: Exparte

JUDGMENT

              The facts of the complaint in brief is that the complainant has  made Recurring  deposit of Rs.60,000/-@ 1500/- per month  starting from dt.17/07/2012 to 30/10/2015 under Sahara  ‘A’ Select Scheme vide  A/c No.24214201831 with the Opp.Party Sahara India, Bhawanipatna Branch  and the said deposit has  already been matured . As per the terms and conditions the complainant submitted the require application  in due time  to  the Opp.Party  but the OP has not paid the maturity amount till date . 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  neither  appeared nor filed   written version as such the Ops were set exparte and we proceeded the matter in absence  of the  Opp.Parties.

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 filed by the complainant. The case of the complainant is that he has  deposited   an amount of Rs.60,000/-  to the Opposite Party  and after the date of matured  the complainant  approached the Opp.Party to pay  the deposited amount with interest  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  in spite of the repeated approaches and the efforts made by the complainant. Hence, this complaint.

 We relied citation which was is   reported in CCC 2005 page No. 192 (SS) the Hon’ble State CDR Commission, Maharashtra  where in observed “ Consumer Protection Act,1986- Section 2(1)(O)- service-Co-operative society-service rendered by a  Credit Society in accepting deposits from the investors falls within definition of service in Section 2(1)(o) of the C.P.Act,1986.

In the given facts and circumstances of the case we deem that the retention of deposited  amount  by the O.Ps. such a long time  amounted to  Deficiency in service as defined  U/S Sec.2(1)(g) ‘ Deficiency in Service 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”.

       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  matured 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..60,000/-  with 12%  interest from the date of their  maturity  along with compensation of Rs.10,000/- towards mental agony and harassment with litigation expenses of Rs.2,000/-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      day of  June, 2020 under the seal and signature of this forum.

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