FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
The facts, as stated in the complaint and emerged from the documents attached with it, are that Sahara Credit Co-operative Ltd. is a Financial Institution. OPs 1 to 3 are the Regional Manager, Zonal Manager and Chairman of Sahara Credit Co-operative Ltd. Complainant invested Rs. 48,000/- on 11.05.2013 against application No. 573000070883 to OP-2 and its maturity date is 11.05.2019. Complainant further invested Rs. 12,250/- vide application No. 07001332694 dated 21.06.2012 to OP-2 and its maturity date is 21.06.2018.
Despite maturity and repeated request, the OPs did not refund the matured amount. Notice dated 03.07.2019 was issued to the OP-3 but no fruitful result is forthcoming. Complainant further alleges that there is gross deficiency in service and unfair trade practice on the part of the OPs.
In view of the gross deficiency in service and unfair trade practices of the OPs. Complainant has filed the instant consumer complaint seeking payment of matured amount along with compensation and litigation cost.
The OPs contested the case by filing WV denying the allegations of the complainant. The OPs have admitted the investment of the complainant but alleges that the complainant failed to submit KYC documents to the OPs for payment of matured amount. There is no deficiency of service and unfair trade practice on the part of the OPs.
Complainant has filed her evidence supporting the allegations made in the complaint petition. Complainant has also filed various documents in support of her case. Despite given opportunities the OPs failed to file their E/chief.
We have considered the argument of the Ld. Advocate for the complainant and examined the record.
It is not in dispute that the complainant invested Rs. 48,000/- and Rs. 12,250/- to the OP-2 vide application bearing Nos. 573000070883 dated 11.05.2013 and 07001332694 dated 21.06.2012. The maturity date of those applications are 11.05.2019 and 21.06.2018. Despite several request and notice dated 03.07.2019. OPs did not pay the matured amount to the complainant. OPs are fully aware that they are liable to pay the matured amount to the complainant on its maturity. Complainant invested her hard earned money with the OPs. The OPs are deliberate to make illegal gains and to deprive the complainant from her lawful right. In fact, the OPs withhold the maturity amount which no doubt deceitful manner of trade.
OPs have not filed their E/chief denying the allegations made in the complaint petition. Complainant in her affidavit did support the allegations made out in the complaint. Therefore, it cannot be said that complainant has failed to prove deficiency in service and unfair trade practice of the OPs. The act of the OPs is a clear case of deception, which resulted in the injury and loss of opportunity to the complainant. Had the complainant not invested her money to the OPs, she would have invested the same elsewhere. Complainant cannot be wait indefinitely to get the matured amount. Complainant has suffered mental agony and harassment. It is settled principal of law that the compensation should be commensurate with loss of suffered and it should be just, fair and reasonable and not arbitrary. In these circumstances, the complainant is entitled to get the maturity amount along with compensation and litigation cost.
Based on the discussion above, the Consumer Case is allowed in part on contest against the OPs with the following directions :-
- OPs are directed to pay matured amount of Rs. 1,50,022/- (Rupees one lac fifty thousand twenty two) only to the complainant.
- OPs are further directed to pay Rs. 20,000/- (Rupees twenty thousand) only as compensation to the complainant on account of mental agony and physical harassment.
- OPs are also directed to pay Rs. 5,000/- (Rupees five thousand) only towards litigation cost to the complainant.
The above directions be complied by the OPs within a period of 90 days from today. For failure or omission in compliance within the stipulated period, the complainant shall be at liberty to put the order in execution as per CP Act.
Copy of the judgment be supplied to the parties free of cost as per CP Act. Upload the judgment on the website of this Commission for perusal of the parties.
