Ld. Advocate(s)

For Complainant .. Makbul Rahaman

For OP/OPs .. Suman Rakshit

 

Date of Filing : 13.02.2018

Date of Disposal : 20.02.2019

 

:    JUDGMENT & ORDER  dtd. 20.02.2019   :

 

 Nonpayment of the maturity value of five Fixed Deposit Certificates 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 has five Fixed Deposit Certificates bearing numbers 705000546853, 705000546854, 705000546855, 705000546856 and 705000546857 with the OP No. 1 for  the period from 20.12.2016 to 20.12.2017, i.e., for one year.   During the period according to the scheme, the complainant had deposited in total  Rs. 50,000/- i.e., Rs. 10,000/- each of the certificates.  According to the condition of the F.D. Scheme, the complainant is entitled to refund total deposited money of Rs. 50,000/- +  Rs.4,500 = Rs.54,500 + 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.54,500/- + up to date interest as per norms of the OPs,  a compensation of Rs. 30,000/- 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 for 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 he had submitted proper demand notice but the OPs gave no reply.  

On 05.02.2019, the Ld. Lawyer for the complainant filed a petition stating that the OP had already paid Rs. 5,000/- out of Rs. 54,500/- to the complainant.  Now, the complainant is entitled to get the rest amount of Rs.49,500/- + 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. 49,500/- 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.49,500/- + 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.30,000/-  for harassment, mental pain and 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.

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