Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 11.12.2015
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To pay Actual Maturity Amount of Rs. 4,00,000/- ( Rs. Four Lac only ).
- Interest on the aforesaid amount after maturity to till date of actual payment @ 11.50% interest rate.
- To pay Rs. 1,00,000/- ( One Lac only ) as compensation.
- To pay Rs. 25,000/- ( Rs. Twenty Five Thousand only ) as litigation costs.
- Brief facts of the case which led to the filing of complaint are as follows:-
The complainant has asserted that he deposited Rs. 4,00,000/- on 13.07.2011 to opposite party no. 1 against which a FDR receipt no. 8649 was issued by opposite party no. 1 ( Vide Annexure – 1 series ). The aforesaid deposit was furnished to opposite party no. 2 who being the agent of opposite party no. 1 and the opposite party no. 2 has forwarded the entire application along with relevant cheque to opposite party no. 1.
The aforesaid FDR was to mature on 12.07.2013 and the complainant was supposed to get 50% interest per annum on the aforesaid deposit amount.
It has been further asserted by the complainant that he is duly entitled to get back his deposited amount with interest after 12.07.2013 i.e. the date of maturity because opposite party no. 1 is authorised to withhold the payment on the pretext of processing the same for 11 ( eleven ) months.
It has been asserted that complainant has not received the FDR amount up till now despite reminders through e- mail which has been received by opposite party no. 1 ( Vide Annexure – 2 ). Thereafter the complainant sent legal notice to opposite party no. 1 and 2 on 04.02.2014 which has been annexed in this petition as Annexure – 3.
From the record it appears that when despite registered notice the opposite parties did not appeared then Vide Order dated 22.06.2015 the valid Tamila was declared.
However at the fag end of the case opposite party no. 2 appeared and filed a written argument stating therein that the agreement was between the opposite party no. 1 and complainant and he had acted as a broker and as such his name has been unnecessarily dragged in this case. It has further stated that being a broker he has provided due services. It has been prayed to dismiss this complaint against him with penalty under section 26 of the Consumer Protection Act. It has been further asserted that this case is not maintainable against him.
We have gone through the entire record. The facts asserted by the complainant and opposite party no. 2 have been briefly narrated in the foregoing paragraphs.
The crux of the case is that complainant had deposited Rs. 4,00,000/- ( Rs. Four Lac only ) by way of FDR on 13.07.2011 with opposite party no. 1 which was to mature on 12.07.2013. It has been further stated that the reminder was given by the complainant for returning the aforesaid amount with interest as per agreement between the parties but the opposite party no. 1 is holding the aforesaid amount on the pertext of processing.
No written statement has been filed by opposite party no. 1 and he had not made appearance despite notice ( Vide Annexure – 3 ). Hence, there is no any counter material against the assertion of complainant so far opposite party no. 1 is concerned.
From Annexure – 1 series coupled with Annexure – 2 and 3 it is crystal clear that despite reminder and legal notice the opposite party no. 1 has not paid the amount of FDR as agreed between them and still the aforesaid amount is with opposite party no. 1. The aforesaid facts clearly disclose deficiency on the part of opposite party no. 1.
In view of the fact stated above we direct opposite party no. 1 to pay the maturity amount FDR i.e. Rs. 4,00,000/- ( Rs. Four Lac only ) with interest @ 11.50 per annum till the final payment is made within the period of two months from the date of receipt of this order or certified copy of this order, failing which the opposite party no. 1 will have to pay an interest @ 13% per annum on the aforesaid amount till the final payment is made.
We further direct the opposite party no. 1 to pay Rs. 15,000/- ( Rs. Fifteen Thousand only ) to the complainant by way of compensation and litigation costs within the aforesaid period of two month.
Accordingly, this case stands allowed to the extent indicated above.
Member President
