Jharkhand

Purbi Singhbhum

CC/54/2009

Mrs. Nejma Khatoon - Complainant(s)

Versus

Branch Manager , UTI Financial Center - Opp.Party(s)

Mr. A.K. Sahay

09 Jul 2009

ORDER

Heading1
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Complaint Case No. CC/54/2009
( Date of Filing : 14 May 2009 )
 
1. Mrs. Nejma Khatoon
R/o No- 32, Line No -04 , B-Block , Dhatkidih , P.O & P.S. Bistupur , Jamshedpur
Purbi Singhbhum
Jharkhand
...........Complainant(s)
Versus
1. Branch Manager , UTI Financial Center
IA Ram Mandir Area , Bistupur , Jamshedpur
Purbi Singhbhum
Jharkhand
2. The Chef Manager, UTI Mutual Fund
Main Branch , 29 N.S. Road , Kolkata
Kolkata
West Bangal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Mr. Ramanuj Narayan PRESIDENT
 HON'BLE MR. Mr. S.C . Mishra MEMBER
 
PRESENT:
 
Dated : 09 Jul 2009
Final Order / Judgement

On 08/07/09 the learned lawyer for the complainant was heard in detail on the point of admission .

                    This case ha  been filed by the complainant Mrs. Nejma Khatoon against UTI claiming interest for the delayed period from the Op . 

                     The case of the complainant , in short , is that she had purchased 3000 units Under UTI GUIS 1983(III) from the UTI after paying Rs 30000/ – and  the Op had issued certificate vide  certificate  no f – 87207372 for 3000 units in the year 1987 . It was to be matured on 01/07/93 . After several correspondence and approach the Op has  paid Rs. 63,900/- vide pay order no – 45311 dated 28/09/06 . It is case of the complainant that as the Op delayed for about 17 years in payment of the maturity amount , hence this case .

                      It appears from the perusal of the record that the complainant had filed affidavit -cum undertaking  dated 05/08/06 in which it is mentioned that she received the full maturity amount but she had sent another letter dated 29/09/06 during receipt of the pay order in which she had specifically mentioned full and final payment against the maturity of units certificate , when she has written full and final payment . there is no question of any dues regarding those certificate .

                      The case appeares to be time barred also . she failed to file the case within two years of receipt of the maturity amount as she received the amount on 29/09/06 . It appears that subsequently she has filed a petition on saturday itself that she has been suffering from chronic disease since 23/11/06 . thus in view of mention of full and final payment by the complainant in the letter dated 29/9/06 and the case being time barred , the members have taken the view that the complainant is fit to be rejected and it is accordingly rejected Under Sec-12(3) of the Consumer Protection  Act .

 
 
[HON'BLE MR. JUSTICE Mr. Ramanuj Narayan]
PRESIDENT
 
 
[HON'BLE MR. Mr. S.C . Mishra]
MEMBER
 

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