Ld. Advocate(s)

          For Complainant    .. Makbul Rahaman

           For OP/OPs      .. Golam Ashik

Date of Filing           : 19.03.2019

Date of Disposal      : 29.08.2019

:    JUDGMENT & ORDER  dtd. 29.08.2019   :        

Nonpayment of the maturity amount of seven fixed deposits of the depositor herein, the complainant has obliged her 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 seven F.D certificates bearing  numbers  56200 6791603 and 56200 6791605 for the amount of Rs.7,750/- + Rs.12,400/- = Rs.20,150/- with the OP No.1 for the period from 16.10.2012 to 16.10.2018, i.e., for the period of 06 years , 56200 6791598   for the amount of Rs.12,400/- with the OP No.1 for the period from 17.10.2012 to 17.10.2018, i.e., for the period of 06 years, 56200 6791606   for the amount of Rs.12,400/- with the OP No.1 for the period from 18.10.2012 to 18.10.2018, i.e., for the period of 06 years, 56200 6791597 for the amount of Rs.12,400/-  with the OP No.1 for the period from 19.10.2012 to 19.10.2018, i.e., for the period of 06 years, 56200 6791601   for the amount of Rs.12,400/- with the OP No.1 for the period from 20.10.2012 to 20.10.2018, i.e., for the period of 06 years and 56200 6791595   for the amount of Rs.7,750/-with the OP No.1 for the period from 22.10.2012 to 22.10.2018, i.e., for the period of 06 years. According to the condition of the F.D. Scheme, the complainant is entitled to get the maturity amount of Rs. 1,65,075/- + 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 her averment had prayed for directing the OPs to refund of Rs. 1,65,075/- + up to date interest as per norms of the OPs, a compensation of Rs.1,00,000/- for harassment and mental agony and Rs.1,00,000/- as litigation cost.

After receiving the notice the Ld. Lawyer on behalf of Sahara India Parivar appeared before this Forum several times and filed a written version on the ground stated therein which is kept in the record.  Thereafter, he never came to this Forum.  He also verbally submitted that the OPs are not in a position to make payment to the complainant.   

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

From the above discussion and as per the original documents which are in the record, it is clear that the complainant is entitled to get the maturity amount of Rs. 1,65,075/-  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. 1,65,075/- + 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 amount up to the date of this order.  A compensation of Rs. 8 ,000/- for harassment and mental agony and litigation cost of Rs.  4,000/- are to be paid to the complainant by the OPs within 30 days from the date of this order.

That 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.