Heard learned counsel for the appellant. None appears for the respondents.

2.      This appeal is filed u/s 15 of the Consumer Protection Act (hereinafter called the ‘Act’ in short). Parties hereinafter were arrayed as the complainants and OPs as per their nomenclature before the learned District Forum.

3.      The case  of the complainant in nutshell is that  the complainant had purchased a scheme for depositing an amount of Rs.1,00,000/-  under  SAHARA SWARNA JYOJANA. which would be payable with interest subject to such deposit. The complainant being holder of the scheme deposited Rs.1,00,000/- vide Receipt No.38365750036 on 28.10.2003. He came to know that the money has not deposited in proper account. He made a complaint but received no reply. Again issued a legal notice on 20.10.2008 which was also not responded. Thereafter, he filed the consumer complaint.

4.      The O.P No.1  filed written version stating that the complaint is not maintainable. He also averred that the deposit date and account no. is not correct but  such record  stand in the name of Sri N.Rath who invested Rs.65,801/- and also the same has taken back on 25.08.2008. Therefore, they are not liable to pay the money to the complainant.

 5.     After hearing of both parties, the learned District Forum has dismissed the complaint.

6.      Learned counsel for the appellant submitted that the learned District Forum has not  considered the materials on record because the money receipt no. of complainant is completely different from the money receipt of Sri N.Rath. Not only that but also the date of deposit of complainant is also  different. So without considering the complaint  petition and the materials on record the complaint has dismissed. Therefore, he submitted to set aside the impugned order by allowing the appeal.

7.      The question arises as to whether the complainant has proved the case before the learned District Commission  regarding deficiency in service  on the part of the O.P. The complainant in order to prove his case has filed necessary documents. The receipt No.38365750036 shows that the complainant deposited Rs.1,00,000/- on 28.10.2003 under application No.333001805424 vide  control No.12779203928 with the O.P. and Sahara Swarna Jojana  floated by OP.   On the other hand, he offers receipt no for deposit of Rs.65,801/-  by Sri N.Rath and the date of application  was 28.10.2003 . The application no. and receipt no. of complainant is actually different. The only similarity the issuance of control no. by the O.p i.e 12779203928 . The control no. was assigned by the O.P thereby it cannot be said that deposit of complainant  is the same as the deposit of Mr.N.Rath. This aspect has not been discussed  in the impugned order. The OP when took plea that N.Rath has received the payment . The onus lies on OP to prove that the case of the complainant is false  but the O.P has not produced any satisfactory materials.

8.      In view of the above, we are of the view that the impugned order passed the learned District Commission  is not sustainable in law.  Learned counsel for the complainant has  prayed to direct the O.P for payment of matured amount of Rs.1,00,000/-( one lakh). Therefore, the impugned order is set side. Complaint is allowed on contest against the OP.  Since the documents are clear, we hereby direct the O.P to pay  Rs.1,00,000/-( one lakh) with interest at the rate of 12% per annum to complainant  from the date of impugned order till the payment is made. Moreover. the complainant being harassed unnecessary and unbelievable  story   under the scheme produced by the O.P., we allow compensation of Rs.50,000/- with  Rs.12,000/-  for litigation cost payable by OP to the complainant. All the payment be made within 45 days from today failing which  it would carry interest at the rate of 18% per annum from the date of impugned order till payment is made.

9.      The appeal  is disposed of accordingly.

         DFR be sent back forthwith.

         Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.