DATE OF FILING                    :     29-5-2014.

DATE OF S/R                            :      31-7-2014.

DATE OF FINAL ORDER      :     11- 12-2014.

Usha Kiran Shaw,

53, Sanatan Mistry Lane, P.S. Golabari, Salkia,

District – Howrah,

PIN – 711 106…………….……………………………………………  COMPLAINANT.

• Versus -

   

  1.         Branch Manager,

  Ramel Industries Ltd.,

  Howrah Branch, 13, Burn Salt Ghola Lane,

  near YES Bank, Howrah – 711 101.

   

  2.         Managing Director,

  Ramel Industries Ltd.,

  15, Krishnanagar Road, Barasat,

  Kolkata – 700 126…………………………………………OPPOSITE PARTIES.

   

                                                  P    R    E     S    E    N     T

   

  President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

  Member      :      Shri P.K. Chatterjee.

        Member       :     Smt. Jhumki Saha.     

   

                                                   F  I   N   A    L       O    R   D    E     R

   

  1. It is the specific grievance of the complainant Sri Usha Kiran Shaw that even after expiry of the schedule period, the maturity amount being Rs. 47,000/- was not paid by o.p. ( date of maturity November, 2013 and December, 2013 respectively ) as per terms and condition of the recurring deposit account in which complainant invested the money.

2. The brief facts of the case is that the complainant made investment in recurring deposit account schemefor the period of one year at Howrah Branch of o.p. The first recurring account was opened on 30-11-2012 of Rs. 3,000/- being A/c. no. SLKM 01923138 and the second recurring account was opened on 27.12.2012 of Rs. 8,000/- only having A/c no. SLKM 01923605. The o.p. promised to pay his maturity amount on due dates on the investment made by the complainant but it is alleged that o.p. did not pay the maturity amount even after the expiry of the due dates without any valid reason. So finding no other alternative, complainant filed this instant petition praying for the aforesaid relief.Hence the complaint.

3. The S/R for the o.p. no. 2 was received but he neither appeared nor submitted any written version. Moreover, the S/R of o.p. no. 1 is received with the postal remarks ‘Left’ which is also good service as per Apex Court for which case against o.p. nos. 1 & 2 were heard ex parte.
4. Two points arose for determination :

            i)          Is there any deficiency in service on the part of the O.Ps?

2.  Whether the complainant is entitled to get any relief and compensation as prayed for?

DECISION  WITH   REASONS      :    

5. Both the points are taken up together for consideration. It is the specific case against the o.ps. whom after receiving the recurring amount for particularly two schemes @ Rs. 3,000/- and Rs. 8,000/- per month for a period of one year starting from 30-11-2012 and 27-12-2012 were not returned back after maturity date as per terms and conditions. The complainant contacted the branch office of o.ps. at Howrah & Barasat physically to get return of the maturity/deposited amount. But all the attempts of the complainant were in vain. The complainant made contacts through letter dates 01.3.2014 & 23.5.2014 but the same were turned a deaf ear from the o.ps.

6. From the above and looking all theaspects & record and as per clear submission of the complainant, o.ps have miserably failed to keep their own promises which certainly amounts to deficiency in service on their part which should not be allowed to be perpetuated for an indefinite period.

           Looking from the unchallenged documents filed by the complainant we are of the candid opinion that it is a fit case where prayer of the complainant should be allowed.  

Both the points are accordingly disposed of.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 316  of 2014 ( HDF 316 of 2014 )  be  allowed ex parte against the  o.ps.

      The O.Ps. are  directed to pay the maturity amount of Rs. 47,000/- in totality with accrued interest of Rs. 4,700/- against the two recurring deposit accounts being no. SLKMO 1923138 and SLKMO 01923605 respectively within 30 days from the date of this order i.d., it shall carry an interest at the rate of 9 per cent p.a. on the entire amount till realization.

      The O.Ps. are directed  jointly or severally to pay Rs. 5,000/- against prolonged harassment and mental agony and Rs. 1,000/- as litigation costs. 

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.    

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (   P. K. Chatterjee )                                                          

  Member,  C.D.R.F., Howrah.