DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK

Dated the 22nd day of February, 2021

C.D Case No. 51 of 2020

                                        Present 1. Shri Basanta Kumar Mallick, Presiding Member

                                                     2. Afsara Begum, Member

Sri Pitambar Biswal

S/O Gangadhar Biswal

At/Po- Randia,

Ps- Bhadrak (R), District- Bhadrak                 …………..  Complainant

                                                                      Versus

1)           The Sector Manager,

Humara India Credit Co-operative Society Ltd. (Previously known as Sahara India) Bhadrak Sector Office- In front of Behera Market Complex, Salandi By-Pass, PO/PS/Dist- Bhadrak- 756100

2.)          Humara India Credit Co-operative Society Ltd.

Regd. Office- Mangal Jyoti, 101, 227/2 AJC Bose Road, Kolkata, West Bengal- 700020

3.)          The Regional Manager,

Humara India Credit Co-operative Society Ltd. (Previously known as Sahara India) Regional Office- Chandi Chhak, At/PO- Cuttack, Dist- Cuttack

4.)          The Territory Manager,

Humara India Credit Co-operative Society Ltd. (Previously known as Sahara India) Territory Office-At :- Plot No. 50, Saheed Nagar, PO/PS- Saheed Nagar, Bhubaneswar, Dist- Khordha

                                                                          …….OPPOSITE PARTIES

Counsel For Complainant: Sri D. Nayak, Adv & Others

Counsel For the OPs        :  Ex-parte

Date of hearing:   17.02.2021

Date of order:       22.02.2021

BASANTA KUMAR MALLICK, PRESIDING MEMBER

               This dispute arises out of a complaint filed by the complainant alleging deficiency of service and unfair trade practice against the O.Ps. The facts of the complaint are to the effect that the complainant is a bonifide depositor under Sahara Credit Co-Op. Ltd., popularly known as SAHARA INDIA LTD, a non-banking financial institution accepting deposit from the common people in shape of term/fixed deposit for a specific period. Being motivated by the Sector Manager with a promise and assurance for alluring return, the complainant deposited a sum Rs 5,12,677/- in as many as 12 number of fixed deposit accounts under Sahara Golden VM & Golden IN Scheme for a specific period which were matured on different dates last date of which falls on 30.01.2020. The total amount deposited by the complainant was Rs 5,12,677/-as against which the complainant was to receive Rs 7,98,319/- on the date of maturity. But the O.Ps did not pay the entire amount in the said accounts on the date of maturity. As such the O.Ps are liable to pay Rs 7,98,319/- as on the date of maturity. The details of deposit and maturity value are mentioned here under in a table.

                   That after the date of maturity, the complainant has time and again requested the Sector Manager and Territorial Head for payment of maturity value but all of his efforts became fruitless as neither the Sector Manager nor the Regional Manager & Territorial Head paid any heed to his request which amounts to deficiency of service and unfair trade practice. Being aggrieved with the attitude and behavior of the officers in position, the complainant filed this case requesting proper adjudication and disposal of the case with a direction to the O.Ps for payment of maturity value together with future interest as on the date of payment along with cost & compensation. The complainant has also served legal notice on the O.Ps for payment of maturity value which is not responded by them. 

                  Even though the O.Ps have received the notice issued by this Commission, they did not turn up to appear before the Commission nor submitted any written version after sufficient opportunities given. Finally this Commission understood that the O.Ps are hesitant to appear before the Commission and submit written version for which the O.Ps are set ex-parte due to non appearance and the complainant was directed for ex-parte hearing on dt. 17.02.2021.

                     It is observed from the record and material evidences adduced by the complainant that he has deposited the amount of Rs 5,12,677/-in as many as 12 fixed deposit accounts as mentioned in the above table. The said accounts have been matured on different dates last date of which falls on 30.01.2020 as per table but the O.Ps did not pay any amount against maturity value to the complainant in spite of repeated request and persuasions.

                    From the above facts and circumstances it is understood that the O.Ps have intentionally and deliberately caused delay in payment of the maturity value of the above mentioned account which leads to deficiency of service and unfair trade practice. It is also felt that the amount deposited by the complainant was his hard earned money saved/invested with the O.Ps to meet the expenses of his future requirements.

             In  C.D. Case No. 71 of 2003  in the case of  Lt. Viju Samuel Vrs M/S Associate Roadways Carriers Ltd (98 (2004) CLT 9 (O S C)   decided on 6.8.2003  Hon’ble  State Commission Odisha  held that :

                    “Absence of O.Ps through notices are held sufficient – O.Ps set ex parte since previous dates- No Written version – State Commission to accept the uncontroverted statement of complainant- Assessment of loss – O.Ps liable to Pay”.           

                       Therefore it is felt necessary to allow the case for payment of the maturity value as mentioned in the above table together with future interest and cost & compensation.                                                                                     ​

ORDER

                     In the result, the complaint be and the same is allowed against the O.Ps with cost and compensation. O.Ps are directed to pay maturity value of Rs 7,98,319/- along with future interest as would be calculated charging interest as admissible to the fixed deposit accounts. Further the O.Ps are directed to pay compensation of Rs 10,000/- for mental agony and harassment and Rs 5,000/- towards cost of litigation. This order must be complied within 30 days from the date of receipt of order failing which additional 7% interest P.A shall be charged on the awarded amount from the date of order till the date of payment. 

                     This order is pronounced in the open Court on this day of 22^nd   February, 2021 under my hand and seal of the Commission.