DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 10th day of August, 2020
C.D Case No. 04 of 2019
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Sri Manoranjan Mishra
S/o Bhagaban Mishra
Vill: Medinipur,
Po: Makhanpur,
Via: Tudigadia,
Dist: Balasore, Pin- 756047 Odisha
……………………. Complainant
(Versus)
1. The Sector Manager, SAHARA INDIA, Bhadrak Sector Office
KAR Complex, By-pass,
Po: Bhadrak,
Ps: Bhadrak (T),
Dist: Bhadrak, Pin- 756100
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 Near BATA Show Room,
Po/Ps/Dist: Balasore, Odisha
……………………..Opp. Parties
Counsel For Complainant: Muzahid Akhter Khan, Adv & Others
Counsel For the OP No. 1: Sri M. P. Singh, Adv
Counsel For the OP No. 2 & 3: Set Ex-parte
Date of hearing: 08.07.2019
Date of order: 10.08.2020
BASANTA KUMAR MALLICK, 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 case as narrated in the complaint are to the effect that the complainant is a Recurring Depositor of OP No. 1 vide deposit account No. 18464207700 which was opened on 24.09.2012 for an agreed period of 60 months @ Rs 10,000/- per month under SAHARA M. BENEFIT SCHEME. The said deposit account was to be matured on 24.12.2017. Accordingly the complainant went on depositing the monthly installments @ Rs 10,000/- per month from September, 2012 till August, 2017. The maturity value of the said deposit account is Rs 7,39,150/- as mentioned in deposit pass book. After the deposit account is matured, the complainant went to the sector office at Bhadrak and requested the sector manager to pay the maturity value but the sector manager expressed his inability to pay instantly as the O.Ps are passing through cash crunch and requested to come after one month to receive the maturity value. Accordingly after a month and some odd days the complainant reached at the sector office and requested the payment of maturity value but the officials of sector office did not respond to his request and did not pay the maturity value of the account. Finding no other way the complainant served a notice upon OP No. 1 through his advocate requesting payment within a period of 15 days or else the complainant would take shelter in the appropriate Court for realization of his dues but the O.Ps did not pay any heed to such notice nor made any payment of the dues. Finally, the complainant, being aggrieved, filed a case in this Forum praying for a direction to the O.Ps to pay the maturity value of R. Deposit along with interest for the subsequent periods from the date of deposit and cost and compensation.
The O.Ps objected the claim of the complainant and contested the case. In submitting the written version the O.Ps have stated that the present Forum has no jurisdiction to entertain the case as the complainant has entered into the arbitration agreement with the OP No. 1. Further the answering OP has raised that the complainant instated of going for arbitration proceeding has taken shelter in this Forum which is barred by jurisdiction and deserves to be dismissed. That apart all other allegations pertaining to the claim of the complainant have been denied strongly. It is also added by the OP No. 1 that the complainant has never come to the office of OP No. 1 nor has submitted any document in the office for settlement of the claim and has also suppressed the material facts for which the present complaint is liable to be dismissed.
Admittedly it is a fact that the complainant is a depositor of Recurring Deposit bearing account No. 18461124513 under SAHARA M. Benefit Scheme and the monthly deposit was fixed of Rs 10,000/- per month. Accordingly the complainant has deposited the monthly deposit amount starting from 24.09.2012 to 24.08.2017 total amount of which comes to Rs 6,00,000/- and he is entitled to an amount of Rs 7,39,150/- on maturity. Leaving aside the above facts all other allegations are disputed by the O.Ps.
1. At the outset of hearing the complainant contented that the Recurring Deposit account as matured on 24.09.2012 after which he has personally gone to the sector office at Bhadrak and submitted all the documents including pass book which was not received by OP No. 1 and expressed his inability to make payment of maturity value as the branch is facing cash crunch and assured to make payment after one month. Once again after expiry of one month, complainant met the sector manager in his office and requested for payment of maturity value which is also denied expressing inability to pay such a big amount instantly. Secondly at the time of opening of the account OP No. 1 handed over an account opening form to be filled up by the complainant and accordingly the complainant filled up the form but no agreement was signed by him while the account was opened. The complainant also claimed the OP is required to prove and furnish the original agreement executed by the complainant. Since the complainant has not signed any agreement there is no question of initiating an arbitration proceeding in the appropriate Court. The OP No. 1 has taken false plea of agreement which is not tenable. Finally the complainant also stated that he, being a customer of OP No. 1, has every right to avail service at the time of need which is not provided by the OP. Simultaneously the complainant has also paid service charges at the time of opening of the account with OP No. 1 for which he is entitled to proper service and non-payment of maturity value on the date of maturity by OP No. 1 amounts to deficiency of service and unfair trade practice. On the other hand OP No. 1 admitted, during the hearing, there was cash crunch for a temporary period when the complainant demanded for payment of maturity value. However the OP is arranging cash for the payment of maturity value to the complainant.
OP No. 2 & 3 neither submitted any written version nor appeared before the Forum in their defense as a result of which both the O.Ps were set ex-parte.
Heard both the parties of this case and perused materials on record. It is observed that the complainant has paid an amount of Rs 6,00,000/- to the credit of the RD account bearing No. 18464207700 in 50 monthly installments and matured on 24.12.2017 and since the date of maturity OP No. 1 has failed to pay back the maturity value to the complainant inspite of repeated requests for payment. Since it is a deposit of hard earned money of the depositor saved for future and for the education of his children, non-payment of maturity value is an act of deficiency of service and unfair trade practice. As such the O.Ps are liable to pay the maturity value together with interest for the subsequent period as applicable to R Deposit and cost & compensation.
- ORDER
In the result, the complaint be and the same is allowed against the O.Ps with cost and compensation. OP No. 1 is directed to pay the maturity value of Rs 7,39,150/- and interest for the subsequent period till the date of payment. O.Ps are also directed to pay compensation of Rs 10,000/- for mental agony and harassment and Rs 5,000/- as cost of litigation. This order must be complied with 30 days from the date of order failing which additional interest @ 12% P.A with quarterly rest on the aforesaid amount till the date of payment.
This order is pronounced in the open Forum on this day of 10th August, 2020 under my hand and seal of the Forum.
