Facts of the complaint case in brief are that on 28.02.2018 the complainant purchased one fixed deposit certificate vide certificate No.797000222202 against A/C No.41197200035 for the monthly value of Rs. 99,259/- (Rupees Ninety Nine Thousand Two Hundred Fifty Nine) only from the O.P in Sahara Special Scheme under Sahara Credit Co-operative society Limited for the period of 18 month. After maturity on 28.08.2019 complainant went to the office of the O.P. to get the maturity value against said investment but the O.P. did not pay the maturity amount to the complainant since 28.08.2019 till date. Lastly the complainant sends a demand notice to the O.P. through his Ld. Advocate on 16.09.2019 by registered post but the O.P. refused to accept the same on 20.09.2019. Under such circumstances complainant filed this case before this Commission for passing necessary order directing the O.P. to pay maturity amount along with benefits and interest as per Sahara Special scheme from 28.08.2019 to till the date of realization and to pay Rs. 30,000/- as compensation and Rs. 10,000/- as litigation cost to the complainant.

                                    Points for discussion

1. Whether the complainant is a consumer within the meaning under Section 2 (I) (d) of the Consumer Protection Act 1986?
2. Whether there is any deficiency in service on the part of Op?
3. Is the complainant entitled to get relief/reliefs as prayed for?

                                      DECISION  WITH  REASONS

Point No.1:-              

                     This issue is not disputed by the Ld. Advocate of the O.P. during his course of argument. This Commission has gone through the materials and evidence on record and after going through the entire facts and circumstances of the case with regard to the materials and evidence of the parties on record this Commission is of the view that the complainant is a consumer within the meaning under Section 2 (I) (d) of the consumer Protection Act 1986.

Point No. 2 and 3:-

                   These two issues are taken up together for discussion for the sake of brevity and convenience. This is admitted position that the complainant had purchased a certificate of Sahara Special vide no. 797000222202 A/C No. 41197200035 amounting to Rs. 99,259/- from the opposite party on 28.02.2018. This is also not disputed that the complainant has not yet received any single furthering from the opposite party against the aforesaid fixed deposit amount.

        The materials and evidence submitted on the side of the complainant clearly shows that he is entitled to get the whole amount of Rs. 99,259/- together with interest as per terms and conditions of the opposite party of the aforesaid scheme but the O.P. has failed and neglected to keep up his terms and conditions in due time and such nonpayment of the matured value of the deposited amount led the complainant to file the instant case before this Commission. So, there is no hesitation to hold that there is enough deficiency in service on the part of the opposite party. The reason of inability of the opposite party in respect of payment and to observe the terms and conditions which has been stated by the opposite party in their written version and written argument cannot be accepted when it appears that the O.P. has violated the terms and conditions given in the certificate. Under such circumstances complainant is entitled to get matured value of Rs. 99,259/- and monthly interest of Rs. 910/- for 18 months (i.e. Rs. 910x18= Rs. 16380/-) therefore the total maturity value is (Rs. 99,259/- + Rs. 16,380/-) = Rs. 1,15,639/-. 

Hence, it is

                                                      O R D E R E D

            That the Complaint Case No.121 of 2019 be and the same is allowed in part on contest with cost against the opposite party.

Opposite party is directed to pay a sum of Rs. 1,15,639/- as maturity value of the Sahara Special scheme along with interest @ 8% p.a. on and from 28.08.2019 to till the date of realization by issuing an account payee cheque in favour of the complainant within 45 days from the date of passing this order

Opposite party is further directed to pay sum of Rs.2000/- as litigation cost to the complainant by issuing an account payee cheque in the name of the complainant within 45 days from the date of passing this order.

In default the complainant is at liberty to execute the order through this Commission as per law.

           Let a plain copy of this order be supplied to the parties forthwith free of cost.