The Complainant has filed this case under Section 35 of the Consumer Protection Act 2019 and praying for following reliefs

1. Direction upon the O.P’s. for making payment of Rs. 45220/- (Rupees Forty Five Thousand Two Hundred Twenty Only) on account of overdue interest from the date of maturity to the date of final payment.
2. Direction upon  the O.P’s. for making payment of Rs. 27764/- (Rupees Twenty Seven Thousand Seven Hundred Sixty Four Only) on account of overdue from 08.07.2017 to 04.12.2020
3. Direction upon the O.P’s. for making payment of Rs. 1,00,000/- (Rupees One Lakh Only) on account of mental trauma, agony and harassment.
4. Direction  upon the O.P’s. for making payment of Rs. 25,000/- (Rupees Twenty Five Thousand Only) on account of compensation for  misrepresentation, deficiency in service and unfair trade practice adopted by O.P’s. and
5. Direction for any other relief or relieves.

The brief facts of this case is that, the O.P. No. 1 is a Branch Office and O.P. No. 2 is the Company Secretary Jai Prakash Associates Ltd., Fixed Deposit Department. The complainant being impressed with representation of the O.P. Company deposit a sum of Rs. 2,00,000/- (Rupees Two Lakhs Only) on 08.01.2013 by issuing a cheque dt. 04.01.2013 bearing no. 770326 in the scheme of fixed deposit through his broker namely SMC Global Security Ltd. for a period of 3(Three) years with interest @ 12.50% per annum and the maturity amount was calculated of Rs. 290440/- ( Rupees Two Lakhs Ninety Thousand Four Hundred Forty Only) on the date maturity i.e. on 07.01.2016. It is further case of the complainant that, the O.P. Company  issue a Fixed Deposit Receipt in the name of the complainant but after maturity when the complainant requested the O.P. Company for making payment of maturity amount the O.P. Company was very much reluctant to hand over the same to the complainant/ the complainant is a senior citizen aged about 77 years, who, by repeated persuasions made through letter, the O.P. Company on 15.07.2017 make payment of Rs. 281396/- (Rupees Two Lakhs Eighty One Thousand Three Hundred Ninety Six Only) vide cheque/Warrant No. 1133145 dt. 06.07.2017 after deducting tax of Rs. 9044/- (Rupees Nine Thousand Forty Four Only)/ the Complainant further approached the O.P. Company in Writing on 25.07.2017, 07.03.2018,20.08.2018 and on 17.10.2020 for providing him the Form No. 16A along with a sum of  Rs. 45220/- (Rupees Forty Five Thousand Two Hundred Twenty Only) on account of overdue interest for 18 (Eighteen) Months together with further interest @ 18% per annum  on Rs. 45220/- (Rupees Forty Five Thousand Two Hundred Twenty Only) till final payment. But the O.P. Company did not pay any heed to the complainant/ the O.P. did not co-operate the complainant for which they promised him to make payment of maturity amount for which the complainant sustained financial loss. The complainant has further stated that the cause of action arose on 28.12.2015 when the complainant approached the O.P. Company for making payment of maturity amount and lastly on 17.10.2020, when the complainant made a written request for making payment of overdue interest along with compensation.

            Notice was sent through this Commission upon the O.P. which were duly served on them, but they did not turned up before this Commission to contest this case and that’s why the matter is taken up for ex-parte hearing.

            Now the question is to decided as to whether the complainant is a Consumer according to the provisions of Consumer Protection Act 2019 AND Whether the complainant has been able to prove his case to the effect that O.P. has adopted unfair trade practice, deficiency in service by not making payment of maturity amount on the due date of maturity AND whether the complainant is untitled to get the relief as prayed for?

                                        Points for consideration

In order to prove the case, the complainant has filed Written Deposition in Chief in the form of an affidavit. He also filed some documents by the firisty in support of his claim?

The Document filed by the complainant is as follows:-

1. One Photocopy of application form dated 04/01/2013
2. One Photocopy of Fixed Deposit dated 08/01/2013
3. One Photocopy of Communication by the complainant dated 28/12/2018 with courier receipt
4. One Photocopy of communication by the complainant dated 22/11/2016
5. One photocopy of communication by the complainant dated 09/01/2017 with postal receipt
6. One Photocopy of communication by the complainant dated 25/07/2017 with postal receipt
7. One Photocopy of communication by the complainant dated 07/03/2018 with postal receipt
8. One Photocopy of communication by the complainant dated 20/08/2018
9. One Photocopy of POD Dated 27/08/2018
10. One Photocopy of Communication by the complainant dated 17/10/2020 with postal receipt track consignment dated 20/10/2020
11. One Photocopy of communication by the complainant dated 17.10.2020 with postal receipt track consignment dated 21/10/2020.

In the written deposition as well as in the brief notes of argument the complainant has specifically stated that being impressed by the O.P. Company, he purchased Fixed Deposit Certificate from the O.P. Company for the sum of Rs. 2,00,000/- (Rupees Two Lakh Only)on 08.01.2013. From the Annexure I and II it reveals that the complainant filed an application form for Fixed Deposit Scheme and Fixed Deposit Receipt wherefrom it is cleared that the O.P. Company issued the Fixed Deposit Receipt on 31.01.2013 who admits that Rs. 2,00,000/- (Rupees Two Lakh Only) was received by the O.P. company and they assured that they will give a sum of Rs.290440/- (Rupees Two Lakh Ninety Thousand Four Hundred Forty Only) on 08.01.2016 to the Complainant.

In the written complainant as well as in the written argument the complainant has specifically stated that though the Fixed Deposit Certificate was matured on 08.01.2016 but the O.P. Company was not making payment for a considerable period and after long persuasion the O.P. Company makes payment of RS. 281396/-(Rupees Two Lakh Eighty One Thousand Three Hundred Ninety Six Only) On 15.07.2017.

Ld. Advocate of the complainant during argument submits that when the O.P. Company gave a sum of Rs. 281396/-(Rupees Two Lakh Eighty One Thousand Three Hundred Ninety Six Only) to the complainant instead of Rs 290440/-(Two Lakhs Ninety Thousand Four Hundred Forty Only) and the complainant made written correspondence with the O.P. Company who deducted tax of Rs. 9044/- (Nine Thousand Forty Four Only) without providing any Form 16A. Ld Advocate of the complainant has also argued that on several occasion the complainant requested the O.P. Company for providing Form No. 16A but the O.P. Company till the filing of this case made no reply to that effect Ld. Advocate praying for relief as per the prayer of the complainant.

Having heard, the Ld. Advocate of the complainant and on perusal of the entire records including Complaint, Written Deposition, Brief Notes of Argument, Fixed DepositReceipt, other written documents it reveals that the complainant has been able to prove its case to the effect that on 08.01.2013, he deposits a sum of Rs. 200000/-(Rupees Two Lakhs Only) to the O.P. Company for purchasing a Fixed Deposit Certificate. From the Fixed Deposit Receipt which is fixed by the complainant is also prove that the O.P. Company assured to pay of sum of Rs. 290440/-() to the complainant on 08.01.2016. Complainant has also been able to prove that vide cheque/ warrant no. 1133145 dated 06.07.2017 the O.P. Company gave a sum of Rs. 281396/- to the complainant after deducting tax of Rs. 9044/-(Rupees Nine Thousand Forty Four Only) instead of making payment of Rs. 290440/-( Two Lakhs Ninety Thousand Four Hundred Forty Only). Complainant has also been able to prove through several written correspondence that for issuance of Form No. 16A the

complainant requests which the O.P. Company but they didn’t issue the same to the complainant. From the Fixed Deposit Receipt it reveals that the O.P. Company assured the complainant to make payment of Rs. 290440/- (Two Lakhs Ninety Thousand Four Hundred Forty Only) on 08.01.2016 but violating the said assurance the O.P. company make payment of Rs. 281396/-(Rupees Two Lakh Eighty One Thousand Three Hundred Ninety Six Only) On 15.07.2017 which was after 18 (eighteen) months from the date of maturity.

From the Written Deposition, Brief Notes of Arguments and Documents filed which are discussed above we are all of view that the complainant has been able to prove this case that he was a consumer and there was clear deficiency of service as well as restrictive trade practice by the O.P.

Hence it is therefore,                                                                                                      

O R D E R E D

That the instant Case being in No- CC No. 24/2020 be and the same is allowed in part on ex-parte. Both the OPs are directed to make payment of Rs. 45220/-( Rupees Forty Five Thousand Two Hundred Twenty Only) to the complainant  on account of overdue interest from the date of maturity to the date of final payment. The O.Ps are directed to make payment of Rs. 27764/-(Rupees Twenty Seven Thousand Seven Hundred Sixty Four Only) to the complainant on account of overdue from 08.07.2017 to 04.12.2020. The O.Ps are further directed to make payment of Rs. 5000/-( Rupees Five Thousand) to the complainant on account of mental trauma, agony and harassment towards the complainant by way of misrepresentation, deficiency in service, unfair trade practice.

 O.Ps. are also directed to make payment of Rs. 10,000/- (Rupees Ten Thousand Only) to the Consumer Legal Aid Account.

O.Ps are directed to make payment of entire amount to the complainant as well as Consumer Legal Aid Account within 1 (One) Month from this date otherwise they will have to pay interest @12% p.a. with effect from this day till making payment of the same.

Let a copy of this order be given to the parties free of cost.