DATE OF DISPOSAL: 26.09.2019.
Sri Karunakar Nayak,President:
The complainant Surendra Pradhan has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties (in short the O.Ps) and for redressal of his grievance before this Forum.
2. Briefly stated the case of the complainant is that he is a bonafide consumer of Opposite Party No.1 to 3 and being motivated to deposit money in Sahara Credit Cooperative Society Ltd by opening an account under the Account No.11393404120 on 06.03.2010 under membership number 11391111120for Rs.500/- per month and the date of maturity is 06.03.2015. The complainant deposited the said monthly premium till 29.11.2014 and the total deposited money comes to Rs.21,500/- and the last receipt number is 80428042123. In the meanwhile the O.P. No.1 to 3 motivating the complainant and induced the complainant to divert Rs.8450/- on 23.06.2012 in “Q shop Plan H” vide Certificate No. 562016634383, Receipt No. 71025266378 and Hologram No.992189504746. The maturity period of the recurring deposit in Sahara Credit Cooperative Society Ltd is 06.03.2015 as well as the deposited amount in Q Shop after maturity period is 23.06.2018. As per the agreement or contract the O.Ps committed to return back the contribution amount in Recurring Deposit in Sahara Credit Cooperative Society which matured on 06.03.2015 and also Rs.8450/- in Q shop which matured on 23.06.2018 along with interest. The Opposite Parties No.1 to 3 having principal to principal relation on repeated personal approach and motivation of the O.Ps cunningly could able to create confidence of the complainant to invest such huge amount which was hard earned and service benefits of the complainant with O.P.No.1. Due to nonpayment of contribution amount alongwith interest to the complainant in time as per contract and/or agreement, the O.Ps deceit the complainant and it is a case of the unfair trade practice. The O.P.No.1 & 2 so far no step has been taken to refund the said amount after repeated approach to the complainant. The complainant approached uncountable times in person to the O.P.No.1 to 3 but to no avail. The complainant sent a registered advocate notice dated 02.04.2018 to the O.P.No.1 to 3 but the O.Ps after receipt of the said notice but did not choose to reply the same. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to refund an amount of Rs.21,500/- in R.D. Scheme and Rs.8450/- in Q. shop scheme, compensation of Rs.10,000/- for mental agonies in the best interest of justice.
3. Notices were issued against the Opposite parties. Mr. Mahendra Pratap Singh, Advocate, High Court, Lucknow appeared on behalf of O.Ps but not filed any written version. Hence all the O.Ps set exparte on dated 26.03.2019.
4. On the date of exparte hearing of the case, we heard the learned counsel for the complainant and have gone through the case record and also perused the materials on the case record. We have also thoughtfully considered the submission made before us by the learned counsel for the complainant. Despite several persuasions the O.Ps did not heed to consider the grievance of the complainant. The complainant filed affidavit in support of his case. Hence in our considered view the O.Ps are negligent in rendering proper service to the complainant as such there is deficiency in service on the part of the O.Ps for which the complainant at this stage is entitled to get some relief as prayed for. Law is well settled in case of Mrs. Puneet Kaur versus Hindustan Financial Management Ltd. and others reported in 2003(1) CPR 274 where in the Hon’ble National CDR Commission, New Delhi has hold that “Non payment of fixed deposit amount on its maturity by Financial Institution constitutes deficiency in service”.
In view of the above decision of law, the complainant’s case is allowed on exparte against the O.Ps. The Opposite Parties are jointly and severally liable as such they are directed to refund Rs.29,960/- (Rs.21,510/- in R.D. Scheme & Rs.8450/- in Q.shop scheme) along with 8% interest per annum from the date of filing this case i.e. on 20.08.2018 to the complainant within 60 days from receipt of this order. Further the O.Ps are also directed to pay Rs.3000/- for compensation along with Rs.1000/- as cost of litigation to the complainant within the above stipulated period failing which all the dues shall carry 12% interest per annum.
The order is pronounced on this day of 26th September 2019 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.
