Ld. Advocate(s)

          For complainant    .. Makbul Rahaman

          For OP/OPs     .. Suman Rakshit

Date of Filing           : 11.12.2017

Date of Disposal      : 26.11.2018

:    JUDGMENT & ORDER  dtd. 26.11.2018  :         

 Nonpayment of the maturity value of two fixed deposits of the certificate holder herein the complainant has obliged him 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 two fixed deposit certificates bearing numbers  925000985565 &  925000985564  with the OP for the period from 08.01.2016 to 08.07.2017.  During the period according to the scheme, the complainant had deposited Rs.47,000/- + Rs. 70,000/- for the two certificates. According to the condition of the certificate, the complainant is entitled to get total maturity value of Rs. 54,661/- +  Rs. 81,410/- = (Rs. 1,36,071) + up to date interest as per norms of the OP.  The complainant has made claim as per rule, but no payment has been made by the OP. The complainant in his averment had prayed for directing the OP to make a payment of total Rs. 1,36,071/- + up  to date interest as per norms of the OP till the date of full realization, a compensation of Rs. 50,000/- and other reliefs.

On the other hand, the OP 1, one Suman Rakshit appeared on behalf of Sahara India Pariwar before this Forum several times but he did not file any W.V.  Lastly, on 04.10.18, he filed a petition on the ground stated therein which is kept in the record.   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 they had submitted proper demand notice but the OP gave no reply. 

On 19.11.18, the Ld. Lawyer for the complainant filed a petition stating that the OP had already paid Rs. 61,098/- to the complainant out of Rs. 1,36,071/-.  Now, the complainant is entitled to get a sum of Rs. 74,973/- only together with interest.

From the above discussion it is clear that the complainant is entitled to get Rs.74,973/- only out of Rs. 1,36,071/- together with interest from the OP.  It is the deficiency in service of the OP not to make payment of the rest amount, i.e., Rs. 74,973/- together with interest in time.  The complainant is not responsible for the internal disturbance of the OP Company.

Hence, it is

                                                                          O R D E R E D,

That the OPs are directed to make payment of Rs. 74,973/- + up-to-date interest 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. 40,000/- for harassment, mental pain and agony and litigation cost of Rs. 10,000/- are to be paid to the complainant by the OPs within 30 days from the date of this order.

The case be and the same succeeds on contest.

Let a plain copy of this order be furnished to the parties forthwith free of cost.