Ld. Advocate(s)

          For Complainant   ..    Pramin Kr. Singh

          For OP/OPs     ..    Nabanita Kar and Golam Ashik

Date of Filing           : 01.10.2018

Date of Disposal      : 19.07.2019

:    JUDGMENT & ORDER  dtd. 19.07.2019   :        

Nonpayment of the maturity amount of two fixed deposits of the depositor 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 F.D. certificates bearing numbers 705 001209214 and 705 001209215  for the amount of Rs.16,000/- + Rs.17,000/- = Rs. 33,000/- for the period from 15.07.2017 to 15.07.2018  ,i.e., for the period of  12 months with the OP No.1.  According to the condition of the F.D. Certificates, the complainant is entitled to get total deposited money of Rs. 17,440/- + Rs. 18,530/- = Rs.35,970/- + 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 his averment had prayed for directing the OPs to refund of Rs.35,970/- + up to date interest as per norms of the Ops, a compensation of Rs.25,000/- for harassment and mental agony and Rs. 10,000/- as litigation cost.

After receiving the notice, the Ld. Lawyer on behalf of the OPs 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. 

On 16.07.19, the Ld. Lawyer for the complainant filed a petition stating that the OP had already paid Rs.18,530/- for one certificate being No. 705001209215 to the complainant out of Rs.35,970/-.  Now, the complainant is entitled to get the rest amount of Rs.35,970/- -  Rs.18,530/- = Rs.17,440/- + up to date interest as per norms of the OPs.

From the above discussion and as per original document which is in the record, it is clear that the complainant is entitled to get the rest amount of Rs.17,440/- only 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 rest 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 directed to refund of Rs.17,440/- + 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.3,000/- for harassment and mental agony and litigation cost of Rs. 2,000/- 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 order/judgment be supplied to the parties forthwith free of cost.