IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

Case no. CC/31/2017

Date of filing: 15-03-2017                                                                                            Date of disposal: 28-02-2018

Complainant  - Md Abul Kalam, s/o Md. Entaj Ali Sarkar, Village – Rambag (near B. Gola G. P. Office),                

                             PO +  PS – Bhagwangola,  District – Murshidabad, Pin Code – 742135, W Bengal.   

                                                             VS.

Opposite Party  No. 1 – Branch Manager, Alchemist Ltd., Berhampore (W.B.) Branch, NH – 34,      

                Panchanantala, PO + PS – Berhampore (W.B.), Dist – Murshidabad,Pin – 742101.

Opposite Party no. 2      Regional Manager, Alchemist Infra Realty Ltd., Kolkata Region, 15, Ganesh Ch.   

                                                Avenue, H M Building, 4^th floor, (near Chandni Chowk Metro), Kolkata – 700013.

Opposite Party no. 3 -    Director, Alchemist Infra Realty Ltd., 411/412, Ansal Tower – 38,

                                                New Delhi – 110019.

                                 Present :  Sri Manas Kumar Mukherjee- Member

                                                   Smt. Chandrima Chakraborty – Member / President – in -Charge

FINAL ORDER

 Sri Manas Kumar Mukherjee, Presiding Member

This case has been filed by the complainant U/S 12 of C P Act’1986, praying for refund / payment of an amount of Rs. 44,000/- which includes, amount invested, by the complainant,  but matured amount, not paid, and an amount of Rs. 6,000/- as compensation.

The case of the complainant, in brief, is that, the complainant, invested a total amount of Rs. 44,000/- only, with the OP (s), as hereunder:-

1. Fixed deposit of Rs. 20,000/- which has been matured on 26. 10. 2016, in the name of his son, the matured amount being Rs. 40,000/-.
2. MIS, in the name of his wife, the payable amount being Rs. 3,000/- only.
3. MIS, in the name of the complainant, the payable amount being Rs. 1000/- only.

As alleged by the complainant, in spite of repeated persuasion by the complainant, the OP (s) did not pay the matured amount to him.

Hence, the case has been filed, before this Forum.

The complainant observed all of the necessary formalities to proceed in the matter, including filing of evidence and copies of respective documents.

In spite of repeated persuasion, the OP (S), did not turn up in the Forum, against which, paper publication, was also made, against OP-1.

In view of the above, the case was heard, ex – parte.

Point to be considered

1. Whether the complainant is entitled to get relief, as prayed for.

Decisions with reasons

To prove the case, the complainant, has filed copies of relevant documents, along with evidence – in –chief, in support of his complaint.

Heard, complainant in full.

It is observed, that withholding of payment of matured amount / nonpayment of matured amount is highly illegal, in the eye of law and should not be allowed, under any circumstances.

Hence,

ORDERED

The Consumer Complaint no. 31/2017 is allowed in part.

The OP (s) are hereby directed / ordered to release the payment / refund of matured amount , totaling to Rs. 44,000/- along with simple interest of 6%, to be calculated, for the period, on and from the scheduled date of maturity of each investment / certificate, to the actual date of releasing the payment, jointly and severally, within 30 days, from the date of receipt of this order, in default, the OP (s), will have to pay an amount of Rs. 50/-, per day’s delay and the amount, so accumulated, shall be deposited to Consumer legal Aid account.

Let a copy of this order be made available and be supplied free of cost to each of the parties, on contest, by hand, under proper acknowledgement / be sent, forthwith, under ordinary post, to the concerned parties, as per rules, for information and necessary action.

( MEMBER )(MEMBER)