Sri S.K.Sahoo,President.
This is a petition filed by the complainant U/s. 35 of Consumer Protection Act, 2019.
2. The case of the complainant is that he has opened an account bearing No. 12535101420 on 10.02.2014 for 60 months and deposited an amount of Rs.30,000.00 under “ SAHARA M. BENEFIT” scheme .He had also opened account No.12535101420 on 11.07.2013 for 96 months amounting to Rs. 10,000.00 under “SAHARA E. Shine” scheme with the opp.parties at their Angul branch office . The said deposits were to be matured on 10.02.2019 & 11.07.2021 , when the opp.parties will be liable to pay the maturity amounts with interest . After the maturity period the opp.parties did not repay the amount due to the complainant inspite of his several approaches personally to the Branch Manager (opp.party No.1) . It is further alleged that when he submitted a written application to opp.party No.1 he did not receive the same and refused to disburse the amount due to the complainant. Due to such conduct of the opp.parties- who have adopted unfair trade practice, the complainant was harassed and sustained mental agony. There is gross deficiency in service of the opp.parties. Finding no other way the complainant has filed the present complaint before this Commission for necessary direction to the opp.parties to disburse the amount due to him along with other reliefs.
3. Notices were issued to all the opp.parties through R.P with A.D on 04.01.2022 . Neither the opp.parties appeared nor filed written statement.
4. The complaint petition filed by the complainant on 22.11.20212 is supported with affidavit. It has been executed before the Notary on 11.11.2021. From the compliant petition it is clear that on 11.07.2013 the complainant has deposited an amount of Rs. 10,000.00 with the opp.parties bearing Account No. 12534803715 .It is also alleged that under Account No. 12535101420, complainant has deposited an amount of Rs.30,000.00 on different months in between 10.02.2014 to 23.11.2016. The photo copy of the said deposits are available in the case record. From the complaint petition coupled with the certificates granted by the opp.parties it is clear that the complainant has deposited an amount of Rs. 10,000.00 & Rs. 30,000.00 with the opp.parties on 11.07.2013 and in between 10.02.2014 to 23.11.2016 respectively which are to be matured on 11.07.2021 & 10.02.2019. Admittedly the opp.parties have not paid the entitled amount to the complainant after it has been matured . Inspite of receipt of notice from this Commission neither the opp.parties paid the amount due to the complainant nor respond to the notice of this Commission. The materials placed by the complainant goes unchallenged .There is nothing to disbelieve the case of the complainant.
5. Hence it is clear from the materials on record that the complainant has deposited an amount of Rs. Rs. 30,000.00 & Rs.10,000.00 with the opp.parties and the opp.parties are jointly and severally liable for payment of the matured amount along with interest to the complainant.
6. Hence order :-
: O R D E R :
The case be and same is allowed in part, exparte against the opp.parties. The opp.parties are directed to pay Rs. 10,000.00 (Rupees Ten Thousand) along with interest @ 9% per annum from 11.07.2013 until payment is made. They are also directed to pay an amount of Rs. 30,000.00 (Rupees Thirty Thousand) only along with interest @ 9% p.a from 10.02.2014 until payment is made . The opp.parties are also directed to pay an amount of Rs. 15,000.00 (Rupees Fifteen Thousand) only towards compensation and Rs.5000.00(Rupees Five Thousand) only towards litigation expenses. The opp.parties are further directed to comply the order within a period of one month of receipt of this order, failing which they are liable to pay interest @ 16% per annum, on the amount due by the complainant.
