Tripura

Gomati

CC/4/2023

Sri Dulal Chandra Deb - Complainant(s)

Versus

The Manager, (Area Worker), Sahara India Pariwar - Opp.Party(s)

Shri Mrityunjoy Debnath

09 Jan 2024

ORDER

 J U D G M E N T

 

                        This complaint has been filed by the complainant Sri Dulal Chandra Deb who was working in the Sahara Credit Co-operative Society Limited undertaken by Sahara India Pariwar as a Co-Ordinator vide Code No. 138611742. The petitioner had been performing his duty as Co-Ordinator vide  code No. 138611742 at Sahara India Pariwar, Raj Garh Road, Vhanga Ghar, Guwahati, Pin-781005 and also opened some recurring deposits on monthly basis in his name  from the respondent No. 1 and purchased some fixed deposit certificates.

 

                        In paragraph 3, 4, 5, 6, 7, 8, 9 & 10 of this complaint, the complainant has stated as follows:- 

                         The petitioner being an employee under Sahara Credit Co-operative Society Limited opened some recurring deposits on monthly basis in his name with serial No.10344333 account No. 13864803789 dated 20-11-2013 amount Rs. 300 per month for the period of 60 months i.e. 5 years which was maturated on 20-11-2018 and recurring deposit vide serial No.17232529 account No. 13864801274 dated-31-05-2013, amount of Rs. 1500/- per month for the period of 60 months i.e. 5 years which was matured on 31-05-2018. The petitioner purchased one fixed deposit certificate vide No. 80543953893, certificate bearing  No. 95000009046 account No. 13866200344 dated- 12-02-2016 amount of Rs.17456/- in his name and matured on 12-02-2019 and entitled to get Rs. 26812/-. The petitioner had purchased one fixed deposit certificate vide receipt No. 80741221051, certificate bearing No.508000198465 account No. 13867202866 dated 28-04-2018 amount of Rs.12250/- in his name  and maturated on 28-04-2020 and entitled to get Rs. 15366/- . The petitioner further purchased fixed deposit certificate bearing No. 80540149356, certificate No. 705000009261 account No. 13865602186 dated-10-12-2015 amount of Rs.10,000/- and was maturated on 10-12-2016 and entitled to get Rs. 10,900/-.

 

2)                     It has been asserted by the complainant that he was working in the branch of the company namely Sahara Credit Co-operative Society Limited undertaken by Sahara India Pariwar on commission basis as such he was entitled to get Rs. 24,962/- which were deducted from the commission of petitioner time to time in conformity with the terms and conditions as it will be refunded.

 

3)         The petitioner left the company service due to family purpose in the year 2016 and time to time requested the Manager, (Area Worker), Sahara India Pariwar, Raj Garh Road, Guwahati to release payment of deposited money and also the commission.  But respondent No.1 assured to pay the whole amount of the petitioner as early as possible through other branch office of Tripura state but till date respondent did not pay the deposited money and commission money to the petitioner.  After prolong waiting the petitioner did not get the money and informed over telephone to respondent No.1 but respondent again assured that payment will be released within a month. The petitioner sent a legal notice through  his Learned Advocate namely Mr. Mrityunjoy Debnath to the opposite parties on 28-11-2022 for payment Rs. 1,86,040/- (Rupees One Lac Eighty Six thousand Forty only) but on 20-12-2022, legal notice returned back without service but notice duly served to other local branches. On 24-12-2022 he again served a demand notice to the respondent No. 1 addressing his new address of the branch office of the Sahara India Pariwar and it was revealed that the notice was delivered to the O.P No. 1 on 27-02-2023. But inspite of that the opposite parties had neither made any communication to the complainant nor had released the said matured amount in his favour.

 

4)                     The complainant has claimed refund of the aforementioned matured amount totaling Rs. 1,86,040/- (Rupees One Lac Eighty Six thousand Forty) including commission money of Rs. 24,962/- (Rupees Twenty Four thousand Nine hundred Sixty two) along with interest @12% per annum with effect from the day of maturity of the said policy certificates till the date of actual payment of refund/ return in favour of the complainant.

 

5)                     Notice was sent and issued to the Opposite parties and no one appeared before the Commission. However, subsequently no step was taken by the O.Ps. Sufficient opportunities were given to the O.Ps but went in vain and finally vide order dated- 14-06-2023 the case ordered to be proceeded ex-parte against them.  

 

POINTS FOR DETERMINATION

 

1. Whether the complainant deposited or opened recurring deposit vide serial No. 10344333, account No.13864803789 dated- 20-11-2013 an amount of Rs. 300/- per month for the period of 60 months i.e. 5 years and another recurring deposit vide serial No. 17232529 account No. 13864801274 dated 31-05-2013 an amount of Rs. 1500/- per month for the period of 60 months i.e. 5 years ?

 

2. Whether the complainant had purchased 03 certificates bearing No. 95000009046, account No. 13866200344 dated- 12-02-2016 vide receipt No. 80543953893 an amount of Rs. 17456/- , certificate No. 508000198465 account No. 13867202866 dated 28-04-2018 an amount of Rs.12250 vide receipt No. 80741221051 and another certificate No. 705000009261 account No. 13865602186 dated 10-12-2015 an amount of Rs. 10,000/- vide receipt No. 80540149356 ?

 

3. Whether the complainant is entitled to compensation along with commission money in this case?

 

4. What should be the amount of compensation payable to the complainant, if any, by the respondent?

 

                       DECISION WITH REASONS FOR THE DECISION

 

6)                     The complainant has adduced evidence before the Commission. In his evidence, the complainant has reiterated all the averments made in the complaint. During examination he proved the following documents into evidence :-

i) Postal receipt along with track consignment, on identification the postal receipt is marked as Exbt. 1 and the track report are marked as Exbt. 2.

ii) Envelope sent to the O.P No. 1 though registered post, on identification the same is marked as Exbt. 3.

iii) Advocate notice dated 28-11-2022, in total 05 sheets sent to the O.P No. 1 and copy to O.P No. 2 and 3 which is marked as Exbt. 4.

iv) Postal receipt dated 28-11-2022 which is marked as Exbt. 5.

v) Track consignment report of the consignment number RE409828563IN which is marked as Exbt. 6

vi) Postal receipt dated 28-11-2022 which is marked as Exbt. 7.

vii)Track report of the consignment number RE409828798IN which is marked as Exbt. 8.

viii) Postal slip dated 24-12-2022 which is marked as Exbt.9.

ix) Consignment track report of the consignment No. EE412267903IN which is marked as Exbt.10.

x) Another advocate notice dated 24-12-2022 sent to the O.P No. 01 and copy to O.P No. 02 and 03, in total 05 sheets, which is marked as Exbt.11.

xi) Pass book of Sahara Credit Co-operative Society Limited along with challan for deposition of the monthly amount. The pass book along with 07(seven) challan books are marked as Exbt. 12.

xii)Another pass book along with the monthly challan of total 14(fourteen) which are marked as Exbt. 13.

xiii) Cash deposit certificate in total 03(three) sheets which are marked as Exbt.14.

xiv) Future fund scheme pass book along with statement details in 03(three) sheets which are marked as Exbt. 15.

 

7.                     This Commission have minutely perused the materials available with the record placed by the complainant specially the exhibited documents. On perusal of the same it appears that the complainant opened two recurring deposits in his name on monthly deposit of Rs.300/- and Rs.1500/- for 60 months and he continued the same. He also purchased three fixed deposit certificates of Rs.17,456/- for 3 years with matured amount of Rs.26,812/-, certificate of Rs.12,250/- for 2 years with matured amount of Rs.15,366/- and certificate of Rs.10,000/- for 1 years with matured value of Rs.10,900/-. All the recurring deposits and the fixed deposit certificates got their maturity but he has not been paid the total matured amount of Rs.1,61,078/- by the respondents till date. It is further claimed by the complainant that he was not even given his commission money of Rs.24,962/-. So, it appears that the respondent did not pay the complainant total amount of Rs.1,86,040/- which he is entitled to get.  

 

8)                     On appreciation of the evidence of the record, this Commission finds that the respondents have not made payment of any money to the complainant. Consequently non- payment of money clearly amounts to deficiency in service and unfair trade practice on the part of the respondents.

 

9)                     After perusing the record in details, it is clear that the complainant is entitled to payment of matured amount of Rs. 1, 61,078/- (Rupees One lac sixty one thousand seventy eight) for depositing  money through recurring deposits and for purchasing fixed deposit certificates. He is also found entitled to get commission money of Rs. 24,962 (Rupees Twenty four thousand Nine hundred Sixty two) in total Rs. 1, 86,040/- (Rupees One Lac Eighty Six thousand Forty).

 

10)                   In view of the above we allow  the present complaint and direct the opposite parties to make payment of matured amount of Rs. 1, 61,078/- (Rupees One Lac Sixty One thousand Seventy Eight) along with deducted commission money of Rs. 24,962/- (Rupees Twenty four thousand Nine hundred Sixty two) to the complainant along with compensation of Rs. 10,000/- (Rupees Ten thousand) for causing mental agony and harassment. The complainant is also found entitled to get Rs. 10,000/- (Rupees Ten thousand) as litigation cost.

 

11)                  The respondents are therefore directed to pay the total amount of Rs.1,86,040/- + Rs.10,000/- + Rs.10,000/- = total Rs. 2,06,040/- (Rupees Two Lac six thousand forty) to the complainant. The O.Ps are further directed to pay interest on the total amount of compensation from the date of maturity of the certificates till the date of filing of the complaint @ 6% per annum and they are further directed to pay interest @ 7% per annum from the date of filing of this complaint till actual payment of money to the complainant within 30 days from today through cheque or demand draft, in the address of the complainant.

 

12)                  A copy of this order will be supplied to the parties as per procedure.

 

13)                  With this observations and directions the instant complaint is disposed off.

 

14).                 Make necessary entry accordingly.   

 

                       

                                            ANNOUNCED