DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 7th day of September, 2019
C.D Case No. 05 of 2019
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Smt. Basanti Nayak
W/O Late Balakrusna Nayak,
Vill: Birapada,
Po: R.N. Betera,
Via: Barikpur Bazar,
Ps: Bhadrak (R),
Dist: Bhadrak
……………………. Complainant
(Versus)
1. The Sector Manager, SAHARA INDIA, Bhadrak Sector Office
KAR Complex, By-Pass,
Po/Ps/Dist: Bhadrak (T)
2. The Zonal Manager, SAHARA INDIA ZONAL OFFICE
Plot No- 50, Saheed Nagar,
Bhubaneswar, Dist: Khordha- 751007
3. The Regional Manager, SAHARA INDIA Regional Office
At: Chidiapola Nera BATA Show Room,
Po/Ps/Dist: Balasore
…………………………..Opp. Parties
Counsel For Complainant: Mozahid Akhtar Khan, Adv
Counsel For the OP No. 1: Sri M. P. Singh, Adv
Counsel For the O.Ps No. 2 & 3: Set Ex-parte
Date of hearing: 08.07.2019
Date of order: 07.09.2019
BASANTA KUMAR MALLICK, MEMBER
This dispute arose out of a complaint filed by the complainant alleging deficiency of service and unfair trade practice against O.Ps.
The facts of the complaint are to the effect that the complainant is a widow of 75 years old who has invested Rs 8,00,000/- in as many as 44 Term Deposit accounts for an agreed period of 8 years under SAHARA E-SHINE Scheme which were to be matured on 31.12.2019 and there was also provision for pre-stage maturity and due to acute need of money for her medical treatment, the complainant opted for pre-stage maturity of all 44 Term Deposit accounts after completion of 5 years from the date of opening of accounts and staked claim for payment of pre-stage maturity value on dt. 31.12.2016. Since them the complainant has been approaching the O.Ps to pay the maturity value together with accrued interest till the date of exercising option for premature closer of the accounts. The O.Ps did not pay any heed to the repeated request of the complainant for a prolonged period nearly 2 years and paid Rs 20,000/- in shape of 2 numbers of cheques bearing No. 846457 and 846458 for Rs 10,000/- each as against the total maturity value of Rs 13,18,400/- on the basis of pre-stage maturity as provided on the backside of T.D certificates excluding subsequent interest from 31.12.2016 till the date of filing of this case. Such investment was made by the complainant for her future security to meet the medical treatment expenses at this stage. But the irresponsiveness of the O.Ps for payment of the amount warranted a lot of problems for the complainant from financial angle which forced her to serve notice upon the O.Ps through her legal advisor requesting for payment of the amount due to her. Even after receipt of the legal notice, the O.Ps neither took any action for payment of the demanded due nor responded the notice. Waiting for a period of 15 days as stipulated in the notice, the complainant filed this case for admission and adjudication with a prayer to direct the O.Ps to pay back the entire amount due together with compensation for mental agony and harassment and cost of litigation.
OP No. 2 & 3 did not prefer to appear before the Forum nor submitted any written version defending the allegations made in the complaint against them as a result of which both the O.Ps were set ex-parte.
OP No. 1 (hear in after called as OP) objected the claims of the complainant and contested the case. At the outset, OP has raised the question of maintainability of this case on the ground of cause of action, suppression of facts and violation of the relevant condition of the agreement executed between the complainant and OP. In narrating the above facts OP has objected in stating that according to the terms of agreement between the parties executed at the time of investment, it is stipulated in the said agreement that in case of any dispute the parties have to move or refer the matter to the arbitrator and the matter will be decided on its own merit by the arbitrator. In addition to that the complainant has suppressed the facts of receiving Rs 20,000/- in shape of cheques bearing No. 846457 and 846458 of Rs 10,000/- each for which the case is liable to be dismissed. Moreover the OP has totally denied deficiency of service and there is no cause of action in this case for which liable to be dismissed with cost.
Admittedly, the complainant had opened as many as 44 numbers of deposit accounts for total amount of Rs 8,00,000/- (Rupees Eighty Lakhs) for an agreed period of 8 years which were likely to be matured on 31.12.2019. Besides above all other points of allegation in the complaint are objected and disputed by the OP.
After going through the complaint and written version, heard both the parties in course of hearing of the case, perused the materials on record and evidences adduced by the parties in course of hearing and observed as discussed below.
1. Primarily the OP has objected in stating that there is no cause of action to file this case in the Forum. In reply to this objection complainant clarified to the Forum in stating that after completion of 5 years of the said term deposit accounts, she opted for pre-stage maturity close of all 44 accounts in writing to OP who advised to come after a week later together with all the T.D certificates for receipt of the maturity value. Accordingly a week after the complainant reached at the sector office Bhadrak along with all the T.D certificates but the sector office in-charge once again expressed his inability to pay the amount of deposit together with maturity value as the sector office was running in cash deficit and assured to pay back the entire amount along with the future interest within a month or two after the prevailing crisis is over. Since then the complainant has been very frequently requesting the O.Ps sincerely to get back her money but all of her efforts ended in fiasco compelling the complainant to serve notice upon the O.Ps to pay back her dues within 15 days from the date of receipt of such notice. In this manner the cause of action arose on 31.12.2016 when the complainant opted for pre-stage maturity, on 30.10.2018 when OP No. 1 issued two cheques for Rs 20,000/- and on 15.11.2018 when the complainant served a notice upon the O.Ps for payment of her claim. After perusal of the materials on record, it is convincing that there is cause of action for filing of this case and the objection raised by the O.Ps is not sustainable.
2. The OP has also submitted in course of hearing that the complainant has suppressed the material facts such as receipt of Rs 20,000/- towards payment of pre-stage maturity value in respect of two T.D accounts. In contradicting the above submission of the O.Ps, the complainant stated that she has rightly mentioned to have received a sum of Rs 20,000/- vide cheques No. 846457 and 846458 for Rs 10,000/- each, at Para- 7 of the pleadings. On perusal of materials on record it is found that the data furnished by the complainant is absolutely true and correct and the objection raised by the O.Ps is absolutely incorrect.
3. In the matter of non-submission of Term Deposit certificate by the complainant for encashment at the sector office counter as raised by the OP, it is replied by the complainant in stating that not once but in several times, the complainant has very politely requested the sector office manager for payment of her dues on receipt of the certificates which was not materialized by the said OP on different plea at different point of time but have taken false plea before the Forum to suppress the actual facts and the only truth. Had the submission of O.Ps been true, the O.Ps could have intimated through correspondence or through their agent directing the complainant to submit the T.D certificates for payment of the pre-stage maturity value. Even after two and half years of exercising the option, the OP did not feel it wise to advise the complainant for settlement of the case outside the Forum. This clearly shows that the O.Ps are not in a position to settle the claim due to their financial constraints as observed.
4. The OP has raised the point of jurisdiction of the Forum on the ground that the complainant had to take shelter in the Court of Arbitrator according to the terms of agreement executed between the parties in the event of any dispute arises. On the contrary the complainant has objected in stating that she is not so educated to understand as true what is arbitration and where that condition is laid down in the agreement and even she is fully unaware of such agreement as the OP has not provided any copy of such agreement to the complainant. In addition to that the OP, who has raised the objection about violation of the terms of agreement, has not furnished the copy of agreement before the Forum for proper adjudication of this case nor has appointed any arbitrator after receipt of legal notice from the complainant. Hence it is very much clear to understand that the O.Ps have taken false plea about the terms of agreement and conditions stipulated therein. From the above submission of the parties and perusal of relevant materials on record, it is observed that the O.Ps have failed to prove their objections in adducing proper evidence.
In view of the analysis made in the foregoing paragraphs it is well proved that the O.Ps have failed to substantiate their objections on the points of allegation and therefore those objections are not sustainable and O.Ps are liable to pay back the amount due to the complainant together with compensation for harassment of an widow over 75 years old and cost of litigation.
- ORDER
In the result the complaint be and the same is allowed against the OP on contest and OP No. 2 & 3 ex-parte. The O.Ps are directed to pay back the entire amount of deposit together with interest accrued as on 31.12.2016 and subsequent interests to be accrued at the agreed rate with effect from 01.01.2017 to the date of payment. Other than above the O.Ps are also directed to pay Rs 25,000/- as compensation for unnecessary harassment to an age old lady inflicting mental agony and Rs 10,000/- towards cost of litigation. This order must be complied by the O.Ps, OP No. 1 in particular, within a period of 30 days from the date of order failing which additional interest @ 10% shall be charged on the order amount from the date of order till the date of payment.
This order is pronounced in the open Forum on this day of 07th September, 2019 under my hand and seal of the Forum.
