Ld. Advocate(s)

          For Complainant    .. Mukbul Rahaman

           For OP/OPs      .. Golam Ashiq

Date of Filing           : 11.09.2018

Date of Disposal      : 08.07.2019

:    JUDGMENT & ORDER  dtd. 08.07.2019   :        

Nonpayment of the maturity value of one investment plan (R.D. Scheme) of the depositor herein, the complainant has obliged her to lodge this complaint u/s 12 of the C.P. Act 1986 for redressal.

The brief fact of the case is that the complainant had one R.D. Scheme bearing A/C. No. 55703700074 with the OP No.1 for the period of five years started on and from 05.09.2011 to 2016. During the period, the complainant had deposited in total Rs. 35,700/-.  According to the condition of the R.D. Scheme, the complainant is entitled to get refund amount of Rs. 35,700/-  + up to date interest as per norms of the OPs. The complainant has made claim as per rule but no payment has been made by the OPs.  The complainant in her averment had prayed for directing the OPs to refund of Rs. 35,700/- + up to date interest as per norms of the OPs, a compensation of Rs. 20,000/- for harassment and mental agony and Rs. 10,000/- as litigation cost.

After receiving the notice the Ld. Lawyer on behalf of Sahara India Pariwar appeared before this Forum several times and filed a written version on the ground stated therein.  Thereafter he never came to this Forum.  He also verbally submitted that the OPs are not in a position to make payment to the complainant.   

On argument the Ld. Lawyer for the complainant argued that she had submitted proper demand notice but the OPs gave no reply. 

From the above discussion and as per the original pass book of the RD Scheme which is in the record, it is clear that the complainant is entitled to get the refund amount of Rs. 35,700/- together with up-to-date interest as per norms of the OPs.  It is the deficiency in service on the part of the OPs not to make payment of the refund amount in time.  The complainant is not responsible for the internal disturbance of the OPs.

Hence, it is

                                                              O R D E R E D,

That the OPs are hereby directed to refund of Rs. 35,700/-  + up-to-date interest to the complainant as per norms of the OPs within 30 days from the date of this order, failing which an interest @ 10% p.a. shall be imposed on the total amount up to the date of this order.  A compensation of Rs.10,000/- for harassment, mental pain and agony and litigation cost of Rs.5,000/- are to be paid to the complainant by the OPs within 30 days from the date of this order.

The case be and the same succeeds on contest against the OPs. 

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