1. The brief history of the case of the complainant is that she being insisted by Agent of Ops 1 & 2, agreed to open the following Accounts with the Ops.
- Sahara.U.Golden vide A/c No.24224203563/Certificate No.411004011003 dt.02.05.2012 for Rs.40, 000/- to be matured on 02.05.2027 at Rs.2, 61,600/-.
- Sahara.Q.Shop vide No.824222003043 for Rs.37, 182/- during the year, 2012.
- Sahara.Q.Shop vide No.824222017490 for Rs.40, 567/- during the year, 2012.
- Recurring deposits under Sahara.M.Benefit scheme vide A/c. No.24224101463 dt.05.04.2011 with denomination of Rs.1800/- per month with closing date 05.04.2026 and thus deposited a sum of Rs.1, 24,500/- up to January, 2019 which is clearly reflected in the Pass Book issued and operated by the Ops. The complainant has requested the Ops to close the above four accounts and pay the proceeds thereon but in vain.
2. The OP No.1 filed counter through its advocate admitting the deposits made by the complainant under Sahara Schemes as mentioned above but contended that at the time of deposit as advanced in favour of the Company, the complainant had entered into a contractual liability with the Ops wherein she has agreed to abide with the terms and conditions of the scheme of Sahara. It is further contended that the complainant approached the OP.1 for withdrawal of deposit without producing any document and when she was asked to furnish relevant documents, the complainant refused to furnish the same. Thus denying any deficiency in service or unfair trade practice on their part, the Ops prayed to dismiss the case of the complainant with costs.
3. In spite of valid notice the Op No.2 did not prefer to participate in this proceeding in any manner and thus remained exparte. The complainant has filed certain documents in support of his case. We have perused the documents on record.
4. In this case, deposits under Sahara schemes of the Ops are all admitted facts. It is seen from the deposit certificates available on record that the schemes were matured after five years. The case of the complainant is that she approached the OP.1 for maturity withdrawal of deposits but the OP.1 without effecting maturity payment is stating that the money is yet to come.
5. The OP.1 stated that this Forum has no jurisdiction to try over this case as because the complainant has already entered into arbitration agreement with the Ops under which the dispute between the parties shall be decided by an Arbitrator. The Op has not filed the copy of agreement in support of his above contention for our perusal. It has been decided in a number of cases by the higher Forums that even if remedy of arbitration found provided in the agreement between the parties, it would not have barred the Forums under C. P. Act from redressing the cases of the complainant as because, the Act is not derogation of any other law for the time being in force as per Section-3 of C. P. Act. In view of the above decision, this Forum has got jurisdiction to entertain this case.
6. Further it is stated that the complainant has not furnished any document at the time of approach to OPs and when she was asked to furnish documents, she denied. This submission of the OP.1 does not sound good. When a depositor approaches OP.1 for withdrawal of his/her deposit, he/she must have some documents with him/her and if any more documents are required, the consumer is to be suitably advised. Official process for withdrawal is to be promptly taken up but the OP.1 has not taken up the matter in this case. Non-cooperation of the Ops in effecting payment to the complainant, in our opinion, amounts to deficiency in service. The complainant is entitled for withdrawal of his money and the Ops are entitled to pay the same with due interest.
7. It is seen from the record that the complainant has deposited a total sum of Rs.2, 42,249/- under different schemes which are now matured and she wants to withdraw his money. Since the schemes are matured, she also can do it. The Ops are to pay back the deposited amount with due interest as per scheme. In the peculiar circumstances of the case, we are not inclined to grant any compensation in favour of the complainant except a cost of Rs.2000/-.
8. Hence ordered that the complaint petition is allowed in part and the Ops 1 & 2 being jointly and severally liable are directed to refund Rs.2, 42, 249/- deposited under different schemes as mentioned supra with as usual rate of interest and benefits under the schemes from the date of deposit 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 Ops failed to make payment within the given period, they are 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.)
