Ld. Advocate(s)

          For complainant    .. Makbul Rahaman

          For OP/OPs     .. Suman Rakshit

Date of Filing           : 13.11.2017

Date of Disposal      : 27.12.2018

:    JUDGMENT & ORDER  dtd. 27.12.2018  :         

 Nonpayment of the maturity value of one investment plan (R.D. Scheme) 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 one R.D. Scheme bearing A/C number 60214201927 with the OP No. 1 for the period from 28.05.2012 to 27.05.2017.  During the period according to the scheme, the complainant had deposited Rs. 51,000/-. According to the condition of the R.D. Scheme, the complainant is entitled to get total maturity value of Rs. 51,000/- + 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 make payment of Rs. 51,000/- + interest as per norms of the OPs from the date of deposit i.e., on 28.05.2012, a compensation of Rs. 20,000/- and other reliefs.

On the other hand, the OP 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 20.09.18, 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 OPs gave no reply. 

On 10.12.2018 the Ld. Lawyer for the complainant filed a petition stating that the OP had already paid Rs. 40,000/- to the complainant out of Rs. 51,000/-.  Now, the complainant is entitled to get a sum of Rs. 11,000/- together with up to date interest.

From the above discussion, it is clear that the complainant is entitled to get Rs.11,000/- only out of Rs. 51,000/- 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. 11,000/- 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. 11,000/- + 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. 15,000/- for harassment, mental pain and agony and litigation cost of Rs. 5,000/- 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.