Ld. Advocate(s)

          For Complainant   .. Makbul Rahaman

          For OP/OPs     .. Nabanita Kar

Date of Filing           : 01.08.2018

Date of Disposal      : 27.02.2019

:    JUDGMENT & ORDER  dtd. 27.02.2019   :        

Nonpayment of the maturity value of three Fixed Deposit Certificates of the depositor herein, the complainant has obliged him 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 three Fixed Deposit Certificates bearing numbers 925004237475, 925004237476 and 925004237477 with the OP No.1 for the period from 24.12.2016 to 24.06.2018 i.e., 18 months.  During the period according to the scheme, the complainant had deposited in total Rs.12,000/- + Rs.12,000/- + Rs.10,000/- = Rs.34,000/-. According to the condition of the F.D. Scheme, the complainant is entitled to get refund total deposited money of Rs. 13,965/- + Rs. 13,965/- + Rs. 11,630/- = Rs. 39,542/- + 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 his averment had prayed for directing the OPs to refund of Rs. 39,542/- + up to date interest as per norms of the OPs, a compensation of Rs. 20,000/- for harassment and mental agony and other reliefs.

After receiving the notice the Ld. Lawyer on behalf of the OPs, Sahara India Parivar appeared before this Forum and filed a vokalatnama on 30.10.2018 which is in the record but they did not file any written version.  Thereafter, OPs never appeared before this Forum. 

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

From the above discussion and as per original documents which are in the record, it is clear that the complainant is entitled to get the maturity amount of Rs.39,542/-  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 maturity 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.39,542/- + 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 awarded amount up to the date of this order.  A compensation of Rs. 15,000/- for harassment, mental pain and agony is 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.