Sri K. K. Nayak, Member : The complainant Sri Rajakishore Mohanty has filed this complaint U/S 35 of C.P. Act, 2019 against the OPs before this Dist. C.D.R. Commission, Nayagarh for redressal of his grievance with a prayer to award the maturity value with interest of Sahara Bonds and Rs.1,25,000/- towards compensation alongwith other reliefs.
The complainant's case in brief is that Sri Rajakishore Mohanty had purchased three No.s of policy of Sahara “A” Select Schemes from the OP No.1 as per the terms and conditions. Details of the Accounts are given in the below table:-
Sl. No. | Scheme Name | Date of Deposit | A/C No. | Amount Deposited | Date of Maturity |
|---|
01. | Sahara A Select | 10.07.2019 | 12657800945 | Rs.32,000/- | 10.01.2021 |
02 | Sahara A Select | 10.07.2019 | 12657800944 | Rs.33,000/- | 10.01.2021 |
03 | Sahara A Select | 10.07.2019 | 12657800943 | Rs.33,000/- | 10.01.2021 |
After the date of maturity of the deposits the complainant applied to OPs for getting the maturity value of his Sahara India Deposits, but the OPs did not release it in spite of repeated approach, 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 did not appear, and file written version as such the they set ex-parte.
On the date of hearing we heard the complainant's Advocate. Perused the complaint and scrutinized the documents filed by the complainant. It reveals that Mr Rajakishore Mohanty had deposited Rs.98,000/- in at Sahara India Nayagarh Branch in 3 No.s of Sahara “A” Select Scheme. But after date of maturity of the said deposit the complainant claimed to the OPs for getting the maturity value but inspite of repeated approach the OPs did not release the maturity value to him. 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 his 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 and severally liable as such they are directed to pay the maturity value of 3 No.s Sahara deposits of Sahara “A” Select Scheme of the complainant with 9% interest from the date of maturity to the complainant. Further the OPs are directed to pay Rs.20,000/- towards compensation for mental agony alongwith Rs.5,000/- towards cost of litigation to the complainant. Both the orders shall be carried out by the OPs within 60 days from the date of receipt of this order, failing which all the dues shall carry 14% interest per annum.
