For Complainant   .. Makbul Rahaman

          For OP/OPs     .. Suman Rakshit

Date of Filing           : 09.11.2017

Date of Disposal      : 18.07.2019

:    JUDGMENT & ORDER  dtd. 18.07.2019   :        

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  925 000985599, 925 001354807, 925 000985594, 925 000985595, 925 000985596, 925 000985597 and 925 000985598  for the amount of Rs.15,000/- + Rs.13,000/- + Rs.15,000/- + Rs.15,000/- + Rs.15,000/- + Rs.15,000/- + Rs.15,000/-  = Rs.1,03,000/- for the period from 06.01.2016 to 06.07.2017  , i.e., for the period of  18 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. 17,700/- + Rs. 15,340/- + Rs. 17,700/- + Rs. 17,700/- + Rs. 17,700/- + Rs. 17,700/- + Rs. 17,700/-  = Rs.1,21,540/- +  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.1,21,540/-  + up to date interest as per norms of the OPs,  a compensation of Rs. 50,000/- for harassment and mental agony and other reliefs.

After receiving the notice, one Suman Rakshit on behalf of the Sahara India Parivar appeared before this Forum several times but he did not file any written version. 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 10.07.19, the Ld. Lawyer for the complainant filed a petition stating that the OP had already paid Rs.55,578/- to the complainant out of Rs.1,21,540/-.  Now, the complainant is entitled to get the rest amount of Rs.1,21,540/-  -  Rs.55,578/-  = Rs.65,962/- + up to date interest as per norms of the OPs.

From the above discussion and as per original documents which are in the record, it is clear that the complainant is entitled to get the rest amount of Rs.65,962/- 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 to the complainant.  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.65,962/- + 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. 2,000/- for harassment and mental agony is 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 against the OPs.

            Let a plain copy of this judgment be supplied to the parties forthwith free of cost.