Ld. Advocate(s)

          For Complainant    .. Mukbul Rahaman

           For OP/OPs      .. Nabanita Kar, Arghya Maitra, Golam Ashik

Date of Filing           : 11.09.2018

Date of Disposal      : 16.07.2019

:    JUDGMENT & ORDER  dtd. 16.07.2019   :        

Nonpayment of the maturity amount 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 had five F.D. certificates bearing numbers 705 000546909, 705 000546910, 705 000546911, 925003004014 and 925003004015 for the amount of Rs.15,000/- + Rs.15,000/- + Rs.15,000/- for the period from 15.03.2017 to 15.03.2018 i.e., for the for the period of 12 months and Rs.9,000/- + Rs.9,000/- with the OP No.1 for the period from 23.08.2016 to 23.02.2018, i.e., for the period of 18 months.  According to the condition of the F.D. Scheme, the complainant is entitled to get the maturity amount of Rs. 16,350/- + Rs. 16,350/- + Rs. 16,350/- + Rs. 10,467/- + Rs. 10,467/- = 69,984/- plus 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. 69,984/- + up to date interest as per norms of the OPs, a compensation of Rs. 20,000/- for harassment and mental agony and litigation cost of Rs. 10,000/-.

After receiving the notice Ld. Advocate of the OPs on behalf of the Sahara India Parivar appeared before this Forum several times and filed a written version to contest this case 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 he had submitted proper demand notice but the OPs gave no reply. 

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 maturity amount of Rs. 69,984/- 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 refund amount in time.  The complainant is not responsible for the internal disturbance of the OPs Company.

Hence, it is

                                                                   O R D E R E D,

That the OPs are hereby directed to refund of Rs.69,984/-+ 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 against the OPs. 

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