For Complainant         :           Sri Madan Mohan Nayak, Advocate & associates.

For Opp. Party             :           Sri Sunil Kumar Mohanty, Advocate.

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1.                     The brief history of the case of the complainant is that she had opened 7 A/cs. with the Op, under Sahara .Y.Select monthly scheme as detailed below:-

A/c. Nos.                                  Schemes                                  Total deposits

1.705000569230                     Sahara.Y.Select                       Rs.10, 000/- on 09.06.2016

2. 705000569231                    Sahara.Y.Select                       Rs.15, 000/- on 09.06.2016

3. 705000569232                    Sahara.Y.Select                       Rs.15, 500/- on 09.06.2016

4. 705000569233                    Sahara.Y.Select                       Rs.15, 500/- on 09.06.2016

5. 705000569234                    Sahara.Y.Select                       Rs.15, 500/- on 09.06.2016

6. 705000569235                    Sahara.Y.Select                       Rs.15, 500/- on 09.06.2016

7. 705000569236                    Sahara.Y.Select                       Rs.15, 500/- on 09.06.2016

It is submitted that after maturity of above deposits on 09.06.2017, the complainant being in need of money for higher study of her son, she approached the OP to close her above accounts and pay the proceeds thereof.  The complainant also demanded her claims by depositing necessary papers with the Ops but the OP is not in a mood to release the maturity amount in spite of Advocate’s notice on 09.10.2017.  Thus alleging deficiency in service and unfair trade practice on the part of the Op, she filed this case praying the Forum to direct the Op to refund Rs.1, 00,000/- with necessary benefits attached to the scheme and to pay Rs.1.00 lac towards compensation and cost to the complainant.

2.                     The Op in spite of valid notice and repeated adjournment did not file counter but Sri S. K. Mohanty, Advocate appeared on behalf of OP.1 through Vakalat.

3.                     The complainant has filed certain documents in support of her case. Heard from the OP through its A/R and perused the materials available on record.

4.                     In this case, it is an admitted fact that the complainant has availed Sahara.Y.Select scheme from the Op on 09.06.2013 under 7 accounts (705000569230 to 705000569236) and has deposited Rs.1.00 lac.  The complainant has filed copy of receipts. Her case is that she approached Op to receive maturity amount but the Op is not paying any heed to the requests of the complainant in spite of legal notice.

5.                     We have heard from the A/R for the OP in absence of counter.  However, the allegations of the complainant remained unchallenged in view of documents available on record.

6.                     While coming to the merit of this case, it is seen that the complainant has deposited her money under the schemes as detailed supra.  When the complainant needs her money after maturity, the Op has no right to retain the money involved in it.  On approach of the complainant, it is obligatory on the part of the Op to release the benefits forthwith but in this case due to non release of maturity value the complainant has approached this Forum.  The Op through his A/R has come up with untenable plea that the complainant has never approached them with necessary papers for release of her money.  The complainant has issued legal notice, the copy of which is available on record.  Hence non release of amount in favour of the complainant after due demand, in our opinion certainly amounts to unfair trade practice on the part of the Op.  Due to non receipt of deposited amount with benefits, the complainant must have suffered some mental agony but in the peculiar circumstances of the case, we are not inclined to grant any compensation in favour of the complainant except a sum of Rs.2000/- towards cost of this litigation.  Further in this case, the OP has issued Receipts after receiving the amount.  Hence the said OP is liable to pay the deposited amount to the complainant with due benefits as per scheme till date of payment. 

7.                     Hence ordered that the complaint petition is allowed in part and the Opp. Party is directed to refund Rs.1, 00,000/- under Sahara.Y.Select scheme with as usual rate of interest and benefits under the scheme till actual payment and to pay Rs.2000/- towards cost to the complainant within 30 days from the date of communication of this order.  If the Op failed to make payment within the given period, he is to pay Rs.100/- towards compensation per day to the complainant from the date of this order over and above the guaranteed interest under the scheme.

(to dict.)