JUDGMENT AND ORDER
The present case has arisen from a complaint petition filed by one Ismail Ali Laskar of village- Masughat, P.O.- Silchar against Opposite Party the Sahara India Credit Co-operative Society Ltd. Case of the complainant ,in brief, is that the complainant deposited Rs.37,200/- in account no.-11962901842 on different dates from 07-07-2011 to 30-06-2016 under a scheme of daily deposit for a period of sixty months with a condition for payment of maturity alongwith bonus,interest etc amounting to Rs.49,364/- . That upon maturity of the scheme the complainant demanded payment of the matured amount at the office of O.P. No.-2 but the O.P. failed to pay the matured amount rather created pressure to re-invest the same. Thus the O.P. caused disservice to the complainant by not paying the matured amount in time upon maturity. The complainant also issued legal notice to the O.P. demanding payment but they did not pay any heed. The O.Ps. are making payment partly to the complainant which is in violation of the contract for deposit. That the O.Ps. are bound to pay the maturity amount of Rs.49,364/- with further bonus alongwith further penal interest @ 15% per annum w.e.f. 22/10/2016 to 02/03/2019 thus total liability being Rs.62,322/- . The complainant has therefore prayed for passing an award for an amount of Rs.62,322/- alongwith compensation for disservice and cost of the proceeding.
The O.Ps. jointly filed written statement stating ,interalia, that there is no cause of action for filing the present complaint, that the complaint petition is not maintainable in its present form and manner, that the complaint is bad for non-joinder of necessary
party etc. It is denied by the answering O.Ps. that the complainant made any demand for payment of matured amount nor the O.Ps. pressed the complainant for re-investment of the said matured amount . The O.Ps. have categorically stated that the complainant never submitted any demand in the office of the O.P. No.-2 . It is alleged that the complainant for his illegal gain made this false complaint against the O.Ps. Under the circumstances it is prayed by the O.Ps. for dismissal of the complaint petition with cost.
In support of the case the complainant has submitted his evidence on affidavit and has also exhibited some documents. On the other hand from the side of O.P. examination-in-chief of DW Shri Ajoy Kumar Singh has been furnished by way of affidavit. Both the parties also submitted respective written argument. Perused the entire evidence on record. Supporting the facts narrated in the complaint petition the complainant in his evidence as PW-1 has stated that he deposited Rs.37,200/- in Account no.-11962901842 on different dates from 07-07-2011 to 30-06-2016 under a scheme of daily deposit for a period of sixty months with a condition for payment on maturity alongwith bonus,interest etc amounting to Rs.49,364/- . PW-1 has claimed that though after the date of maturity he submitted a demand in the office of O.P. No.-2 for payment of the matured amount but the O.P. refused to accept the withdrawal slip and failed to pay the money rather created pressure for reinvestment of the matured amount. According to PW-1, he issued legal notice to the O.Ps. but as the O.Ps. did not pay any heed so he has become compelled to file this case for causing disservice to him by the O.Ps.. Further contention of PW-1 is that though the matured amount is required to be paid at a time on the date of maturity but the O.Ps. are making payment partly. In the case PW-1 has exhibited his passbook bearing Account no.- 11962901842 which goes to show that total amount of Rs.37,200/- ( Rs. Thirty seven thousand two hundred) only was deposited in the said account by the complainant. PW-1 has also submitted Ext.-2 application for withdrawal and Ext.-3 legal notice.
On the other hand, though DW-1 Shri Ajoy Kumar Singh in his evidence has not disputed of having an account bearing no.-1196290 1842 by the complainant in the office of O.P. No.-2 and also about the claim of deposit of Rs.37,200/- in the said account but he has specifically stated that the complainant never submitted any demand duly signed by him at the office of O.P. Nos. 2 or 3 after the date of maturity of the policy. As such, according to DW-1, the O.Ps. can not be held responsible for non payment of the matured amount. The D.W. has also claimed that there was no negligence or disservice on the part of the O.Ps.
That the complainant deposited total amount of Rs.37,200/- on different dates from 07/07/2011 to 30/06/2016 this fact has been admitted by the O.Ps. in their written argument. On the other hand, though the complainant has claimed that the maturity value of the said account alongwith bonus, interest etc. is Rs.49,364/- but according to the O.Ps. the matured amount would be Rs.45,756/- which is inclusive of principal amount and interest of Rs.8556/-. Further contention of the O.Ps. made in their written argument is that vide cheque no.- 000805 dated 21/09/2019 they have already paid to the complainant total amount of Rs. 50,833/- calculating interest upto 23/09/2019. It also reveals from their argument as well as from this case record that the complainant received the said cheque from this commission with objection. On the other hand, though the complainant has claimed that the maturity amount was Rs.49,364/- but to substantiate this fact he has submitted nothing in this case. That apart, the version of the O.P. is that the complainant made deposit in the account irregularly but the O.P. did not charge any late fee for that.
Considering the above the payment of Rs. 50,833/- by the O.P. does not appear to be unjustified. But it has revealed from the case record that the O.Ps. did not pay the matured amount in time for which the complainant had to file this case. The exhibited papers also go to show that legal notice was issued against the
O.P. for non-payment of matured amount. These things clearly indicate the fact that there was fault in the service of the O.Ps. towards the complainant. This disservice by the O.Ps. and for that filing of this case certainly became the cause of mental sufferings for the complainant for which he is entitled to get compensation.
In view of the above it is hold that the O.Ps. are liable to pay to the complainant an amount of Rs. 3,000/- ( Rs. Three thousand ) only towards compensation for mental pain, agony etc and another amount of Rs.2,000/- ( Rs. Two thousand ) only for litigation expenses. The entire amount will be payable within sixty days from today in default interest @ 8% per annum would be accrued on the amount from the date of this order till payment.
With the above relief to the complainant the present case stands disposed of on contest.
Given under the hand and seal of this commission on this 17th day of January’2022.
Furnish certified copy of judgment to the parties free of cost.
