1) Ranjit Mohan Rakshit and 2) Chandana Rakshit of 11D, Nalin Sircar Street, Kolkata-700004. ---------- Complainant ---Verses--- 1) DUNLOP INDIA LIMITED, 57B, Mirza Ghalib Street, Kolkata-700016. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Smt. Jhumki Saha, Member. Sri T.K. Bhattachatya, Member. Order No. 9 Dated 0 5 / 1 0 / 2 0 0 9. The complainants by filing a petition u/s 12 of he C.P. act have prayed for direction to be given upon the o.p. to pay a sum of Rs.24640/- towards the principal amount of the fixed deposits along with interest upto May 2008, a sum of Rs.25000/- towards compensation for damages caused due to harassment, sufferings, mental agony, a sum equivalent to the interest @ 15% p.a. on Rs.24640/- from June 2008 till date of actual payment of the same, a sum of Rs.10000/- as litigation cost and such other relief or reliefs as the forum may deem fit and proper. Two fixed deposits were purchased by the complainants for a total amount of Rs.10000/- for a period of three years with an interest @ 15% p.a. vide receipts nos. i.e. Fixed Deposit Account no.3R20084 for Rs.6000/- dt.12.3.96 with interest @ 15% monthly payable @ Rs.75/- for a period of three years. The date of maturity was 1.3.1999. And another fixed deposit A/c vide F.D.A/C no.3C00161 for Rs.4000/- with interest rate @ 15% p.a. on monthly payable mode, the date of maturity was 9.1.1998. The o.p. issued advance warrant of interest by the said was dishonoured and bank charges of Rs.50/- was deducted from the complainants’ account. It was duly brought to the notice of the o.ps. by a letter which was received by the o.p. on 29.5.98. But the o.p. did not take any steps to repay the same. Due to financial stringency, the o.p. company was put to B.I.F.R. and they completely stopped making any payment either principal or he interest. But in 2008, when it was released from B.I.F.R. and started making profit vide annual report of annexure-A, the o.p. issued a notice to the complainants to settle the amount of F.D. A/C no.3C00261 for Rs.4000/- vide annex-B, but did not mention anything to make payment of F.D. A/C no.3R20084. Moreover, the o.p. verbally offered an amount much below the principal amount. The warrant of interest sent by the o.p. in respect of F.D. no.3R20084 for the period of May 1998 to October 1998 was dishonoured and it was not reissued. Hence, the interest, from May 1998 to May 2008 i.e. for 12 years amounts to Rs.8640/-. And it was intimated to the o.p. vide annex-C with reference to the annex-D. The o.p. also neither paid principal amount of Rs.4000/- for F.D. A/C no.3C00261 nor the interest @ 15% p.a. accrued thereon amounting to Rs.6000/- upto May 2008. The deposit slip of this F.D. is already returned to the o.p. And the deposit slip for 3R20084 for Rs.6000/- is lying with the complainant vide annex-E as the o.p. company was closed on 11.3.1999. In this way, the complainants are entitled to get Rs.24,640/- total for two F.D.R.s under two F.D. A/Cs i.e. 3C00261 and 3R20084. The complainants served the notice to the o.p. and received the A/D card for the same vide annex-F. But the o.p. did not do anything. So, there is gross deficiency of service on the part of the o.p. And complainants filed this petition on 12.9.08. Notice was duly received by the o.p. And the date for filing w/v by o.p. was fixed on 17.12.08. None appeared. No w/v was filed on behalf of the o.p, controverting the allegations made by the complainant in this petition. So, there is nothing to disbelieve the unchallenged testimony of the complainant. We have perused all the documents and annexures filed by the complainants along with the petition of complaint. And on the basis of the annexures, the complainants’ case is proved. And we do not find any variation or discrepancy between the petition of complaint and the annexures. Accordingly, the instant case succeeds. Fees paid are correct. Hence, Ordered, that the petition of complaint is allowed ex parte. That the o.p. is directed to pay the principal amount of two F.D. AC/s i.e. Rs.10,000/- (Rupees ten thousand) only along with accrued interest thereon @ 15% i.e. Rs.8640/- (Rupees eight thousand six hundred forty) only and Rs.6000/- (Rupees six thousand) only for two F.Ds upto May, 2008. The complainants are also entitled to compensation to the tune of Rs.10,000/- (Rupees ten thousand) only jointly and a litigation cost of Rs.1000/-(Rupees one thousand) only. The o.p. is directed to comply the order within one month from the date of receipt of this order, in default, it will carry an interest @ 12% p.a. till full realization. Supply copy of this order to the parties on payment of prescribed fees. Sd- Sd- Sd- ____________ ____________ ____________ MEMBER MEMBER PRESIDENT | 
