Ld. Advocate(s)

          For Complainant    ..  Makbul Rahaman

           For OP/OPs      ..  Mridula Roy and Golam Ashid

Date of Filing           : 02.01.2019

Date of Disposal      : 30.08.2019

:    JUDGMENT & ORDER  dtd. 30.08.2019   :        

Nonpayment of the maturity amount of twelve 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 twelve F.D certificates bearing  numbers 925 005120008, 925 005120009, 925 005120011, 925 005120012, 925 005120013, 925 005120014, 925 005120015, 925 005120016,925 005120017, 925 005120018, 925 005120019 and 925 005120020  for the amount of Rs. 11,000/- + Rs.17,000/- + Rs.17,000/- +  Rs.17,000/- + Rs.17,000/- + Rs.17,000/- + Rs.17,000/- +  Rs.17,000/- + Rs.17,000/- + Rs.17,000/- + Rs.17,000/-  +Rs.17,000/-  =1,98,000/- with the OP No.1 for the period from 29.12.2016 to 29.06.2018, 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.12,793+ Rs.19,771+ Rs.19,771+ Rs.19,771+ Rs.19,771+ Rs.19,771+ Rs.19,771+ Rs.19,771+ Rs.19,771+ Rs.19,771+ Rs.19,771+   Rs.19,771= Rs.2,30,274/-  + 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.2,30,274/-  + up to date interest as per norms of the OPs, a compensation of Rs.2,00,000/- for harassment and mental agony and Rs. 50,000/- as litigation cost.

After receiving the notice the Ld. Lawyer on behalf of Sahara India Parivar appeared before this Forum several times and filed a written version and Affidavit –in-chief on the ground stated therein which are 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. 

From the above discussion and as per the original documents which are in the record, it is clear that the complainant is entitled to get the maturity amount of Rs. Rs.2,30,274/-  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 maturity 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 hereby directed to refund of Rs.2,30,274/-  + 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. 20,000/- for harassment and mental agony and litigation cost of Rs. 10,000/- 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 judgment/order be supplied to the parties forthwith free of cost.