DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
P U R U L I A
CONSUMER COMPLAINT NO 32 OF 2020
Present
- Sri Rabindra Nath Malik, Hon’ble President.
- Smt. Mala Basu(Chakravorty), Hon’ble Member.
Date of filing: 03th November 2020
Date of Order: 09th December 2022
Petitioner Opposite Party (s)
Alam Ansary, 1) The Manager, Sahara Credit Co-
S/O- Saifuddin Ansary, Operative Society Ltd., Purulia Branch,
R/O- New Famine Road, Idgah Mohalla, Sen Mension, Nadiha, PO- Dulmi-Nadiha,
Purulia Municipal, Ward No.- 10, PS- Purulia(T), Dist.- Purulia, Pin- 723101.
PO & PS- Purulia, Dist.- Purulia,
Pin- 723 101. 2) Sahara Credit Co- Operative Society Ltd.,
Purulia Branch, Sen Mension, Nadiha,
PO- Dulmi-Nadiha, PS- Purulia(T),
Dist.- Purulia, Pin- 723101,
For the Complainant : Dr. S. Shaw, Advocate.
For the O.Ps. : None Appears.
Smt. Mala Basu(Chakravorty), (Hon’ble Member).
This is a case under Section 12 of the Consumer Protection Act, 1986 corresponding to section 35of the Consumer Protection Act, 2019.
This case arose on the basis of petition of complaint filed by Alam Ansary S/O- Saifuddin Ansary of Famine Road, Jdah Moholla, PO- Purulia, PS- Purulia (T), District- Purulia, Pin- 723101 hereinafter referred as Complainant against the Manager, Sahara Credit Co-operative Society Ltd, Purulia Branch, Sen Mension, Nadiha, PO- Dulmi- Nadiha, PS- Purulia (T), Dist- Purulia, Pin- 723101 hereinafter referred as OP No. 1 and again Sahara Co-operative Society Limited, Purulia Branch, Sen Mension, Nadiha, PO- Dulmi-Nadiha, PS- Purulia (T), Dist.- Purulia, Pin- 723102 hereinafter referred as OP No. 2.
Facts of the case in brief is that the complainant had opened a Fixed Deposit Account with the Branch of the Opposite Parties for a sum of Rs. 15,000/- for the period of 96 months and the complainant deposited the said amount with the opposite parties and the Opposite Parties issued a receipt being No. 80022675143, Membership No- 11181107101 and thereafter issued a certificate being No. 35 1000402650 on 31.05.2011. The date of maturity of said certificate was 31.05.2019 and the maturity value was of Rs. 33,960/- (Rupees Thirty Three Thousand Nine Hundred and Sixty Only). After maturity on 31.05.2019 complainant went to the office of the opposite parties several times for withdrawal of maturity amount but instead of disbursing the matured amount, the opposite parties in collusion with some others with some ill motive repeatedly harassed the complainant by not making payment of the maturity amount since the date of maturity. The complainant lastly visited the office of the opposite parties in the month of October 2020 and requested them to disburse the matured amount but they clearly stated that they are not in a position to disburse the
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matured amount and also Insisted the complainant to reinvest the … maturity amount for a certain period of time the complainant finding no other alternative has filed this case praying for passing on order in the form of direction to the Ops to pay maturity amount of the fixed deposit i.e. amounting to Rs. 33,960/- along with up to date interest thereon till the date of realization, to pay sum of Rs. 15,000/- towards litigation cost, to pay Rs. 25,000/- towards compensation for harassment, mental pain and agony of the complainant and to pay Rs. 25,000/- towards unfair trade practice.
Hence, this consumer complaint case.
After filing this complaint case the notices were issued upon both the Ops and the same were duly served upon them. Despite of receiving of said notices OP No. 1 did not appear and OP No. 2 appeared with Vokalatnama but not filed written version as asked for.
Thereafter, after waiting for statutory period this case was fixed for ex-parte hearing and finally heard on ex-parte.
Points for decision
- Has the complainant successfully able to prove his case?
- Is there any deficiency in service of the Ops towards the complainant?
- Is there any unfair trade practice by the Ops alleged by the complainant?
- Is the complainant entitled to get the relief as prayed for?
Decision with reasons
All the four points are taken up together for the sake of convenience of discussion and for needless repetition.
On scrutiny it appears that the complainant in order to bring home his case filed photocopy of the Sahara-E Shine certificate bearing No. 35/000402650.
During hearing of the case complainant files his written argument.
Be it further mention here that this case has been conducted by the Ld. Advocate of the complainant.
Having heard the argument advanced by the complainant and considering the petition of complaint and the document filed by the complainant i.e. photocopy of the Sahara-E shine certificate bearing No. 351000402650 and the written argument filed by the complainant, it appears that the complainant has been successfully able to prove the facts that he opened a Fixed Deposit Account with the Branch of the Opposite Parties for a sum of Rs. 15,000/- for the period of 96 months and deposited said amount with the opposite parties. The opposite parties issued receipt being No. 80022675143, Membership No. 11181107101 and subsequently issued Sahara-E Shine certificate being No. 351000402650 on 31.05.2011 for Rs. 15,000/-. The date of maturity of said Certificate was 31.05.2019 and the maturity value was of Rs. 33,960/- (Rupees Thirty Three Thousand Nine Hundred and Sixty only). The complainant has also been successfully able to prove that after maturity, on several occasion visited the office of the opposite parties for getting payment of the maturity value of said certificate but no fruitful result was yielded.
Therefore, considering the actual facts and factual circumstances as appears from the materials on record as we discussed above, we are of the opinion that the complainant has been successfully able to prove his case beyond all reasonable doubts. So, we have no hesitation to hold that the complainant by
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proving his case has also been able to prove that the Ops have deficiency in service towards their consumer complainant which caused mental harassment as well as pain and agony of the complainant. The complainant has also been successfully able to prove that Ops by doing so has done unfair trade practice towards the complainant.
In view of the above facts and findings this Commission is of the opinion that the complainant has been successfully able to bring home his case. As the complainant has been successfully able to bring home his case he is entitled to get relieves as prayed for. The Commission is also of the opinion that as the complainant sought for every kind of relieves which he entitled as per law and equity. So he is not entitled to get any other suitable relief.
Thus, all the four points for decision are answered in favour of the complainant.
In the result, this case merit succeeds.
No fees for complaint has paid by the complainant as there is no need for payment of fees.
Hence,
ORDER
That this consumer complaint case be and the same is allowed on ex-parte against both the opposite parties with cost of Rs. 10,000/-
The complainant do get the decree of this case in the form of direction as per his prayer being no. (a), (c), (d) and (e) i.e. the complainant do get decree for getting Rs. 33,960/- (Rupees Thirty three thousand nine hundred and sixty only) along with interest thereon @ 10% p.a. on and from 31.05.2019 to till realization, Rs. 25,000/- for compensation towards his harassment, mental pain and agony and Rs. 25,000/- towards unfair trade practice by the Ops.
The OP No. 1 and 2 are hereby directed to pay the complainant Rs. 33,960/- (Rupees Thirty three thousand nine hundred and sixty only) along with interest thereon @ 10% p.a. on and from 31.05.2019 to till realization, Rs. 25,000/- for compensation towards harassment, mental pain and agony and Rs. 25,000/- towards unfair trade practice by the Ops.
Both the OP No. 1 and 2 are jointly and severally liable to pay said decreetal amount within 60 days from date of this order.
In case of failure to comply said order the Ops are liable to pay fine of Rs. 100/- per day from the date of non-compliance of this order to till the compliance of the date. The fine, if any, accrued them the same shall be deposited to the Consumer Welfare Fund Account.
Copy of this judgment be given to the parties free of cost.
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Member President
