Hon'ble Mr. Haradhan Mukhopadhyay, President.

The basic facts of the Complainant’s case in brief is that the Complainant  Sri Krishna Paul is a cultivator. The Complainant intended to open a “Sahara M Benefit” Account/ Policy at the Branch of O.P. No.1 Sahara India presently Sahara Credit Co-operative Society limited., Baxirhat Branch, Deshbandhu Para, Cooch Behar. Accordingly O.P. No.1 assured the Complainant about his eligibility but if the policy holder fails to continue the deposit money for any reason in future the said amount would be refunded without any problem. Thereafter the Complainant opened one Sahara M Benefit with monthly instalment of Rs.2000/- on 22.06.12 with O.P. No.1 and its maturity date was on 22.06.17 being Account No.7304200752. Subsequently Complainant deposited monthly instalment of Rs.62,200/- but the Complainant could not continue the said policy due to paucity of fund up to the maturity date on 22.06.17. Due to such failure the Complainant met with the O.P. No.1 and expressed his economic condition. The O.P. No.1 advised to submit a letter stating the said reason. Accordingly the Complainant prayed for withdrawal of the said amount for his medical treatment but the O.P. No.1 did not respond to the letter of the Complainant and was in the dilly-dally attitude and did not cooperate with the Complainant. Having found no alternative the Complainant lastly filed a legal notice to the O.P. No.1 on 26.09.18 which the O.P. No.1 received but he did not cooperate with the Complainant. Accordingly the Complainant had no alternative but to file the instant case for relief to the extent of return of maturity amount of Rs.62,200/- with interest infavour of the Complainant, Rs. 50,000/- as compensation for mental pain agony and unnecessary harassment, Rs. 50,000/- for deficiency in service and Rs. 15,000/- toward cost of proceedings. The cause of action of the present case arose on 22.06.17 and on subsequent date as stated in the complaint.

The O.P. No.1 & 2 initially contested the case but subsequently preferred not to contest the case. Accordingly the case was heard ex-parte against both the O.Ps. The Complainant in order to substantiate the case adduced evidence in the form of evidence on affidavit and filed different documents.

The pleading of the Complainant and the document filed by the Complainant vis-à-vis the written version filed by the O.Ps project that the Complainant is a Consumer under the C.P. Act.

After perusal of the entire written version it transpires save and accept evasive denial, the OP could not make out any specific case against the positive case of the Complainant. However the O.Ps tried to make out one defence case about pendency of dispute with SEBI but the said defence could not be materialised or proved in as much as the O.Ps failed to lead any evidence on their behalf.

The Complainant adduced evidence by filing evidence on affidavit and several documents like certificate of Sahara Credit Cooperative society as Annexure-A, A/1 and A/2 wherefrom it is revealed that the Account was opened having Account No.72034200752 on 22.06.12 and the date of maturity as per the said certificate ( Annexure-A/1) was on 22.04.17. It is further revealed from Annexure-A/2 that total amount of Rs.62,200/- was deposited in the name of the Complainant.

The O.Ps could not discard the said factual claim of the Complainant. The O.Ps also could not prove any document to show that any amount of money refunded to the Complainant in as much as the case was heard ex-parte.

The Complainant also proved the legal notice through his Lawyer dated 26.09.18 sent to the O.Ps and the reply of the department of Post Office that the said notice was served upon the O.Ps but the OP failed to prove any document regarding the claim of the Complainant through his Lawyer.

Thus after assessing the entire oral and documentary evidence of the Complainant alongwith this specific case in the complaint, the Commission comes to the findings that the Complainant deposited the sum of Rs.62,200/- to the OP but the OP failed to refund any money to the Complainant. The specific averment and the evidence on record led this Commission to hold that the Complainant successfully proved the case against the OP ex-parte in as much as the entire pleadings and the evidence on record stands unchallenged and undiscarded. However the claim towards compensation and deficiency in service appear to be excessive for which interference of this Commission is required.

In the result the claim case succeeds ex-parte.

Hence, it is

Ordered

That the claim case be and the same is allowed ex-parte with cost of Rs.5000/-. The Complainant do get an award of Rs.62,200/- towards maturity money, Rs.25,000/- towards deficiency in service against the OP. The O.Ps are directed to pay a sum of Rs.62,200/- as maturity amount alongwith interest @ 6% per annum, Rs.25,000/- towards compensation for mental pain and agony, Rs 25,000/- towards deficiency in service and Rs.5000/- towards cost of proceedings to the Complainant within 30 days from the date of passing the order failing which an interest of 6% per annum shall be paid from the date of passing the order till date of realization on the awarded sum of money by the O.Ps jointly and/or severally.

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.

Dictated and corrected by me.