ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:
JUDGMENT
Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;
“Direct the opposite parties to pay maturity value of the policy along with interest as per bank till date and pay Rs.5,000/- towards mental agony and litigation fees”.
Brief fact of the case is that the complainant being persuaded by the agent of opposite parties invested Rs.8,000/- vide receipt No.10309324312, Rs.8,000/- vide receipt No.10309324313, Rs.8,000/- vide receipt No.10309324314, Rs.8,000/- vide receipt No.10309324315 dtd.30.6.2007 respectively and Rs.7,000/- vide receipt No.10372245476, Rs.7,000/- vide receipt No.10372245477, Rs.6,000/- vide receipt No.10372245478, Rs.7,000/- vide receipt No.10372245479, Rs.7,000/- vide receipt No.10372245480, Rs.6,000/- vide receipt No.10372245481 on dtd.28.7.2007 respectively and Rs.2,000/- vide receipt No.10372245808 on dtd.31.7.2007 all are deposit in fix deposit period of 12 years. After completion of 12 years complainant approached the Branch Office at Jagatsinghpur for his maturity money. The Branch Office took the original bond and said that the matter is in process and the complainant would be getting his due amount in a very short time. But till date in spite of several request and letters opposite parties are not disburse matured amount.
Notice was issued to opposite parties on 25.11.2019 by Regd. Post opposite party No.2 did not appear before this commission and set ex-parte vide order No.4 dated 31.01.2020. The opposite party No.1 submitted his written version on 23.7.2020.
Questioning on the maintainability of the consumer complaint and denying the allegations made by the complainant, the opposite party No.1 in his written version stated that there is an Arbitration Clause in the Agreement. The opposite party stated that the complainant without depositing the relevant original documents before the Branch Manager demanded the maturity amount for which they have not disburse the maturity amount.
Coming to the issue of maintainability this Commission found that one of the places of business of the opposite parties is situated within the territorial jurisdiction of this Commission. The causes of action to file this complaint which arose on 2007 as stated by the complainant is in the circumstance acceptable to us as true and is within the stipulated period of limitation and in spite of presence of arbitration clause if any as stated by the opposite party No.1, as per Civil Appeal No.23512-23513 of 2017 of Hon’ble Supreme Court that “Arbitration Clause on the Agreement does not bar the jurisdiction of the Consumer Fora to entertain the Complaint” for these reasons the Consumer complaint is maintainable in this Commission. The complainant by depositing money with the opposite party No.1 avails the service, which stands in the footing of service provider thus derives the status of a consumer under the opposite parties as per the relevant provision of the Act.
Coming to the issue that whether the opposite parties have shown any deficiency in service and/or unfair trade practice towards the complainant, it is found from the record that the complainant had deposited money on separate dates in the year 2007 and certificates were issued. But maturity amount has not been paid by the concerned opposite party till date, rather contrary to it, the reason what has been stated by the opposite party No.1 was that complainant without depositing the relevant documents before the Branch Manager demanded the maturity amount for which they did not disburse the maturity amount. So in this circumstance, we are of the considered view that the opposite party No.1 has failed not only in rendering proper service but also caused deficiency in service on their part. Considering the facts and circumstances and looking into the benevolent nature of the Act, the opposite party No.1 is liable to pay the complainant and hence we direct to pay matured amount as stated above deposited on separate dates in year 2007 as per their rules and scheme. We also award cost of Rs.2,000/- (Rupees two thousand only) towards compensation for mental agony, harassment and cost of litigation, which is to be paid within 30 days from the date of receipt of this order . The consumer complaint is disposed off accordingly.
Pronounced in the open Commission on this 28th July,2023.
