DATE OF DISPOSAL: 25.01.2021
Dr. Aswini Kumar Mohapatra,President:
The factual matrix of the case is that the complainant has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Party (in short the O.P.) and for redressal of his grievance before this Forum.
2. Briefly stated the case of the complainant is that being persuaded by the agent of the Opposite Parties at Berhampur opened one Recurring Deposit Account bearing No. 11394201235 in pass Book No. 3710. The complainant was regularly depositing Rs.200/- only per month with effect from 04.01.2012 for 60 months and the total deposit is Rs.12,000/- only. The said R.D. account was matured on 26.02.2017. The complainant contacted the O.P.No.2 for necessary payment of matured amount along with interest and other benefits. The O.P.No.2 instructed to deposit the original pass book for payments and accordingly the complainant deposited the Pass Book No. 3710 with O.P.No.2. The complainant depositing the said Pass Book No. 3710 with the O.P.No.2 and assurances for payment of the assured matured amount, the O.Ps remained silent till this date. The complainant submitted notice dated 02.01.2019 to the O.Ps and sent the same by registered post. Inspite of the same, the complainant did not receive any response and the deposited amount is still with the O.Ps who invested in their own business and earns profits and of the same. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to pay R.D. amount of Rs.12,000/- with 18% interest from the date of maturity, Rs.25,000/- exemplary compensation for harassment and mental agony, Rs.5000/- towards cost of litigation in the best interest of justice.
3. Notice was issued to the O.Ps. The O.Ps appeared through his advocate but not filed any written version, hence the O.Ps were declared exparte on 04.03.2020.
4. On the date of hearing of the consumer complaint, the advocate for complainant is present. We heard argument from him for the complainant at length and perused the complaint petition, written argument and materials placed on the case record. It reveals that the complainant had opened a Sahara M. Benefit Scheme account with the O.Ps on 04.01.2012 vide account No.11394201235. But the tenure of the said account is ‘5’ years and monthly denomination is Rs.200/-. It also reveals that after completion of ‘5’ years of deposit the complainant submitted the original pass book in the office of O.P.No.1 for getting the maturity value of his above said account as the date of maturity was 26.07.2017. As the O.Ps did not release the maturity value of the complainant in spite of several effects as such getting no other alternative the complainant sent his grievance in registered post to the O.Ps on 02.01.2019 but till the date neither the O.Ps responded nor took any step for releasing the maturity value of the complainant. Though notice was sent by this Ld. District CDR Forum/Commission, Ganjam Berhampur for appearance and filing written version by the O.Ps but the O.Ps did not avail the said opportunity. Hence, taking the materials on the case record as well as the sole testimony of the complainant in to consideration, we hold that the O.Ps are negligent in rendering proper service to the complainant as such we hold that there is deficiency in service on the part of the O.Ps. Further Law is well settled in case of Mrs. Puneet Kaur versus Hindustan Financial Management Ltd. and others reported in 2003(1) CPR 274 where in the Hon’ble National CDR Commission, New Delhi has held that “Non payment of fixed deposit amount on its maturity by Financial Institution constitutes deficiency in service”.
On foregoing discussion and in view of the clear position of law the complainant’s case is partly allowed on exparte against the O.Ps. The Opposite Parties are directed to pay the maturity value of SAHARA M. BENEFIT No.11394201235 to the complainant along with 8% interest per annum from the date of filing this case i.e. on 13.06.2019 within 60 days from receipt of this order. Further the O.P. is also directed to pay Rs.3000/- for compensation alongwith Rs.1000/- as costs of litigation to the complainant within the above stipulated period failing which all the dues shall carry 18% interest per annum.
The order is pronounced on this day of 25th January 2021 under the signature and seal of this Forum. The office is directed to supply copy of order to the concerned parties free of cost and a copy of same is to be sent to the server of
