In the Court of the Calcutta District Forum, Unit-I

CDF-1/Case no.233/2006

Mr. Subir Kumar Mukherjee                                         …….     Complainant

vs.

Lloyds Finance Ltd.                                                      .……  Opposite party

Present :  Sri A.K. Das,  President

                  Sri L.K. Banerjee,  Member

                Smt. Dipa Sen (Maity), Member

Order no. 6   dt. 30/5/07

      In this consumer complaint petitioner claimed refund his matured F.D. from Lloyds Finance Ltd. alleging deficiency in service on their part as they are reluctant to pay back the amount in spite of repeated demand.

            The petitioner along  with  his wife deposited total sum of Rs.100,000/- in joint names as F.D. on monthly income basis with o.p. vide deposit receipt no. (a) F/069811464 (b) F/0698011467 on 25.4.98 date of maturity 25.4.2000, amount deposited Rs.50,000/- (each receipt) = total Rs.100,000/-.

            The o.ps. have defaulted in payment of interest as well as principal amount in spite of surrendering original deposit receipt, duly discharged as asked for.

            In terms of order of Company Law Board dt.22.12.2000 it was obligatory on the part of o.p. to refund 100 percent principal amount within the period of 25.4.05 but o.p. instead of paying full principal and interest amount o.p. paid only 10% principal amount on 19.12.01.

            The petitioner submitted good number of representations, annex-A, to o.p. claiming refund of balance amount with interest but they had failed to release the amount which is amounted to deficiency in service on their part.

            In view of the fact petitioner is entitled to relief in this consumer complaint. Accordingly the consumer complaint succeeds and it is awarded in the following terms.

            The o.p. is directed to pay balanced principal amount Rs.90,000/- (Rupees ninety thousand) only along with interest till date of maturity and thereafter payable on the said principal (minus amount paid if any) amount immediately within three months. O.p. is also directed  to pay compensation Rs.10,000/- (Rupees ten thousand) and litigation cost Rs.5000/- (Rupees five thousand) only within three months.

            In default in payment of the above amount, o.ps. are liable to pay interest @ 8% p.a. till realization.

            Let copy of this order be supplied to the parities free of cost.

      _____________               _____________                     _____________

            Member                               Member                                  President