The complainant Mr. D.S. Pradip Rao has filed this complaint U/S 35 of C.P. Act, 2019 against the OPs before this District C.D.R. Commission, Nayagarh for redressal of his grievance with a prayer to direct the OPs to return back the premature amount i.e. Rs.78,000/- with admissible interest till payment of the Sahara India R.D deposits alongwith Rs.50,000/- towards compensation and Rs.15,000/- towards cost of litigation.
The complainant's case in brief is that Mr. D.S. Pradip Rao had opened one R.D Account and deposited an amount of Rs.78000/-(800/- per month) but due to Covid -19 OP No.1 stopped the said scheme as such the complainant discontinue the said deposit since 2020 and requested to returning money deposited by him with interest as per the terms and conditions. Details of the Accounts are given in the below table:-
Sl. No. | Scheme Name | A/c opening date | A/c No. | Amount Deposited |
|---|
01. | R.D | 31.03.2012 | 12654207191 | Rs.78, 000/- |
The complainant applied to OPs for getting the pre maturity value of his Sahara India Deposit, but in spite of repeated approach the OPs did not release it, for which the complainant filed this case. The complaint was admitted and notices were issued to OPs for their appearance and filing written version on the date fixed. But the OPs neither appeared nor filed their written version as such the OPs are set ex-parte on 17.11.2022.
On the date of hearing we heard the complainant. Perused the complaint and scrutinized the documents filed by the complainant. It reveals that Mr. D.S. Pradip Rao had deposited Rs.78000/- in R.D Scheme at Sahara India Nayagarh Branch. As the OP No.1 stopped the said scheme due to Covid-19 the complainant claimed to the OPs for getting the pre maturity value but inspite of repeated approach the OPs did not release it in his favour. For which undoubtedly the complainant has sustained mental agony and compelled to file this complaint.
On foregoing discussion, it is clear evident that the OPs are negligent in rendering proper service to the complainant. Hence, in our considered view there is deficiency in service on the part of the OPs.
On the other hand in the instant case, the OPs neither appeared nor filed their written version though opportunity was given to them. Hence, there is no scope left before this commission without accepting the uncontroverted statement made in the complaint petition as per observation of Hon'ble National CDR Commission stated below :- 2013 (I)- CPR-507-NC wherein it is held that:-
“ The written version is not filed after several opportunity, it is presumed that there is no defence on merit.”
Hence, it is ordered.
ORDER
The complainant's case is allowed on ex-parte against the OPs . The OPs are jointly & severally liable as such they are directed to pay the pre maturity value of the Sahara R . D Scheme vide A/c No. 12654207191 with 9% interest to the complainant. Further the OPs are directed to pay Rs.10,000/- ( Ten Thousand ) only towards compensation for mental agony and Rs.5,000/- (Five Thousand) only towards cost of litigation to the complainant. Both the orders shall be carried out by the OPs within 45 days from the date of receipt of this order, failing which all the dues shall carry 12% interest per annum.
