This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that complainant jointly deposited a sum of Rs.48,000/- for a period of one year to the OP1 through OP2 who is an authorized agent of OP1 and date of maturity of the said fixed amount as deposited was on 07-09-2012.
On receipt of the total sum by the OP1, OP1 issued deposited receipt to the complainant and details of the deposit are as follow 1) date of issuing receipt in support of deposit being receipt No.6177 dated 08-09-2011, 2) rate of interest 10 percent p.a., 3) MATURITY VALUE IS Rs.52,982/-.
On maturity complainant surrender the original deposit receipt to the registered office of the OP one month preceding to the date of maturity. OP received the same and complainant vide e-mail dated 17-05-2012requested the OP1 to refund the maturity value of the deposit but no response has been received by the complainant and finding no other alternative complainant sent Advocate-s letter on 10-12-2012 to the OPs1 and 2 to refund maturity value and for which complainant suffered mental pain and agony including financial loss for which complainant has filed this complaint for redressal for negligent and deficient manner of service along with other reliefs.
OP received notice of this case but did not turn up for which case is heard ex parte.
Decision with Reasons
On proper hearing of the complainant-s Ld. Advocate and also relying upon the compliant including supporting documents that is fixed deposit receipt in the name of Kalpana H. Desai and Hitesh K. Desai dated 11-11-2011 simply proves that on 08-09-2011 they deposited Rs.48,000 for a period of 12 months against payment of interest including deposited amount i.e. for getting maturity amount of Rs.52,982/- and date of maturity was 07-09-2012. It is also proved that after receipt of the same OP did not refund the same amount and it is fact that complainant sent a letter to the OP1 for returning the said amount but that maturity amount has not yet been refunded to the complainant and in this regard SMC Global Securities Ltd. who acted on behalf of the OP1 Company also reported the complainant that they have their limited rule to comply so the complainant shall ask to coordinate with the Ankur Drugs and Pharma Ltd. for further communication. So, it is clear that complainant-s claim that he deposited Rs.48,000/- for one year term subject to maturity return of Rs.52,982/- is well proved and truth is that OP 1 received the sum and issued such fixed deposit receipt but that has not been returned. On proper consideration of the record it is clear OP got all notices; demand notice, including notices of this case but did not contest the case knowing fully well that he did not refund the same for which the case is heard ex parte and complainant has proved the allegation of the OPs beyond any manner of doubt by proving the value fixed deposit receipt issued by the OPs and also the fact that the OP received that original fixed deposit receipt already but did not return the maturity amount. So, considering that fact it is proved that only with the intention to grab the amount of OP1 did not refund it and it is no doubt an unfair trade practice and at the same time negligent and deficient manner of service on the part of the OPis well proved. But it is also fact that in the meantime the company is being administered by the Liquidator of Bombay High Court and for which OP1 was properly noticed but Liquidator did not pay any heed. In the above circumstances, we are convinced to hold that the complainant is entitled to get a relief as prayed for and accordingly the case succeeds.
Hence,
Ordered
That the case be and the same is allowed on contest against the OPs but without any cost because OP1 Ankit Drugs and Pharma Ltd. is under the administration of Official Liquidator of High Court, Bombay. In the above circumstances, Official Liquidator High Court, Bombay, 5th Floor, Bank of India Building, Mahatma Gandhi Road, Fort, Mumbai-400 023 is requested to release a sum of Rs.52,982/- along with interest at the rate of10 percent p.a. over the same with effect from 07-09-2012 and till its full payment by its Official Liquidator to the complainant.
Official Liquidator, High Court, Bombay is requested to sent the said amount by a demand draft to be issued in the name of Kalpana H. Desai and Hitesh K. Desai for full satisfaction of the decree.
Send a copy of this order to the Official Liquidator, Bombay High Court, at his address for his compliance.
