DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK
Dated the 2nd day of February, 2021
C.D Case No. 121 of 2020
Present 1. Shri Basanta Kumar Mallick, Presiding Member
2. Afsara Begum, Member
Satyendra Kumar Jena
S/o Mahendra Prasad Jena
Vill: Mauda, Khandatada,
Po: Bhadrak,
Ps: Bhadrak (R),
Dist: Bhadrak, Odisha
……………………. Complainant
(Versus)
1. The Sector Manager, SAHARA CREDIT CO-OPERATIVE SOCIETY LTD. (SAHARA INDIA), Bhadrak Sector Office, KAR Complex, By-Pass,
Po: Bhadrak,
Ps: Bhadrak (T),
Dist: Bhadrak, Pin- 756100
2. The Teritorial Head, Sahara Credit Co-Operative Society Ltd. (SAHARA INDIA)
Teritorial Office, Plot No- 50, Sahid Nagar (Near Sahid Nagar Fandi)
Po: Sahid Nagar Bhubaneswar, Dist: Khurda- 751007
Dist: Balasore, Odisha 756001
……………………..Opp. Parties
Counsel For Complainant: Muzahid Akhter Khan, Adv & Others
Counsel For the OPs : Ex-parte
Date of hearing: 01.02.2021
Date of order: 02.02.2021
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 Sahara Credit Co-Op. Ltd., papulatly known as SAHARA INDIA LTD, a non-banking financial institution accepting deposit from the common people in shape of term/Recurring deposit for a specific period. Being motivated by the Sector Manager with a promise and assurance for alluring return, the complainant opened a Recurring deposit account vide account No. 18466009466 and went on depositing @ Rs 400/- per month for a period of 60 months. The said account was matured on 23.09.2020 for matured value of Rs 30,500/- which was to be paid to the complainant on the date of maturity.
That after the date of maturity, the complainant has time and again requested the Sector Manager for payment of maturity value but all of his efforts became fruitless as neither the Sector Manager nor the 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 with a direction to the O.Ps for payment of maturity value together with interest as on the date of payment along with cost & compensation.
Even though the O.Ps have received the notices 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 decided that the O.Ps are set ex-parte due to non appearance and the complainant was directed for ex-parte hearing on dt. 01.02.2021.
It is observed from the record and material evidences adduced by the complainant that he has deposited the amount of Rs 24,000/- in the Recurring deposit account. The said account has been matured on 23.09.2020 but the O.Ps did not pay the 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 amounts 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 together with future interest along with 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 30,500/- and future interest as would be calculated charging interest admissible to Recurring deposit accounts. Further the O.Ps are directed to pay compensation of Rs 3,000/- for mental agony and harassment and Rs 1,000/- 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 2nd February, 2021 under my hand and seal of the Commission.
