Hon’ble Mr. Subhas Ch. Guin, Member.

The story behind the complaint petition in a nut shell is that Complainant Mrs. Sohagi Paul opened an account with Sahara Credit Co-operative Society Limited under Sahara M Benefit Scheme on 28.07.2022 with a monthly deposit of Rs.2,000/-. The maturity date of the abovesaid account was 28.07.2015. But after few months she could not deposit the monthly instalment for which she met O.P. No.1 and informed him about her wretched condition. The Complainant submitted a prayer before the O.P. No.1 for withdrawal of the amount of the said account as per advice of the O.P. No.1 but O.P. No.1 did not give any positive response to that effect and was dilly-dallying with her. Due to this type of behaviour of O.P. No.1 Complainant sent a legal notice through her Advocate on 26.09.18 which was received by the Office of the O.P. No.1 on 01.10.18. Despite receipt of legal notice, O.P. No.1 did not cooperate with the Complainant nor did he give any assurance to the Complainant for withdrawal of the said amount which caused the Complainant to have faced tremendous monetary loss and mental pain and agony. Finding no other alternative Complainant filed this instant case before the Commission for redressal of her grievances. She prayed for a direction to the O.Ps to refund the amount of Rs.62,200/- with interest and pay a sum of Rs.50,000/- as compensation for mental pain and agony and Rs.50,000/- for deficiency in service and Rs.15,000/- as cost of proceeding.

Summons were served upon the O.Ps and they filed written version and later filed additional written version also. But on 11.04.2022 the case was decided to be heard ex-parte against the O.Ps as they were not taking steps for a longer period of time. In their written version O.Ps stated that they were unable to make payment of the Complainant as there was an embargo imposed by the Hon’ble Supreme Court of India but they did not file any documents to that effect.

DECISIONS WITH REASON

Complainant Mrs. Sohagi Paul opened an account on 27.08.2012 with O.P. No.1 company to deposit a monthly instalment of Rs.2000/- for 5 years in a scheme named Sahara M Benefit. But after few monthly instalment being deposited she could not further deposit the same due to her wretched condition which she informed the O.P. No.1 company and tried to withdraw the amount accumulated from the O.P. No.1 company as per terms and conditions of the said scheme. But despite request and even written Complainant lodged with O.P. No.1 yielded no result in favour of the Complainant with respect to the payment of amount of money lying with the O.P. No.1 Company. Thereafter she filed this instant case for redressal of her grievance. She contested the case by filing evidence on affidavit, written argument and some documents relating to her investment.

Perused the pleading of the Complainant and documents in the case record and heard the argument of the Complainant.

The O.Ps did not raise any objection about the account under the said scheme as they did not turn up to contest the case and thus the case was heard ex-parte against the O.Ps. They did not even submit any document relating to embargo of the Hon’ble Supreme Court of India. So the defence case in the written version stands not proved.

Here the Complainant invested a sum of Rs.62,200/- by monthly instalment of Rs.2000/- and wanted to withdraw the same before maturity as she was in urgent need of money for her treatment. But she was denied of the same by O.P. No.1 on some pretext. Hence it is evident that there is a gross deficiency in service on the part of the O.Ps and the Complainant was harassed by O.P. No.1 which caused mental pain and agony to the Complainant. Therefore the Complainant is entitled to get the relief prayed for.

Hence, it is

Ordered

That the instant case be and the same is allowed ex-parte against O.Ps.

The O.Ps are directed to pay the sum of Rs.62.200/- to the Complainant with an interest @ 6 % per annum from the respective date of deposit of the monthly deposits till the date of realisation. They are also directed to pay the Complainant Rs.20,000/- for deficiency in service, Rs.20,000/- as compensation for mental pain, agony and harassment, Rs.10,000/- as cost of proceeding within one month from passing the order failing which the awarded sum shall carry an interest @ 6% per annum from the date of passing the order till the date of realisation.

Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.

The copy of the Final Order is also available in the official website: www.confonet.nic.in.