F I N A L   O R D E R

This is a case U/S 12 of Consumer Protection Act, 1986 for an Order directing the O.P. to pay the amount of Rs.8,000/- with interest @ 9% p.a. Rs.15,000/- as compensation, Rs.3,500/- as litigation cost and other reliefs to the complainant.

The complainant’s case in short is that the complainant purchased a Cash Certificate of Rs 4000/- only, being Cash Certificate No.113 dt. 20/01/01 from the O.P. /Bank who undertook in the said Cash Certificate that he will  pay the complainant a sum of Rs 8000/- only after maturity of the said Cash Certificate on or after 20.07.07; but after maturity when the complainant went to the Bank to withdrawn the maturity amount of Rs. 8000/-the Banking Concern refused to pay the said maturity amount. Therefore, he met with the Secretary of the Banking Concern but the Secretary expressed that due to shortage of fund, withdrawl of the maturity amount would not be possible. Thereafter, he sent a legal notice on 20.10.10 to the O.P./bank for receiving the said maturity amount of Rs 8000/- but the O.P./Bank did not take any steps to pay the same. So, finding no other alternative to get relief the complainant filed his case before this Forum.

In spite of service of notice upon the O.P./Bank, he did not appear in this case, accordingly this case was heard ex parte against him.     

                                DECISIONS WITH REASONS

In support of this case , The complainant has adduced his statements supported by an affidavit and filed only one document,  photocopy of the Cash Certificate ,which was verified one Ld. advocate on 22.04.2014. From this Certificate it has been found that one Abdul Khan, the complainant purchased a Cash Certificate of Rs 4000/- being Certificate No. 113 dt. 20.01.01from the Malibari Samabay Krishi Unnayan Samity Ltd. (Mini Bank), which was matured on 20.07.07.and in the said Cash Certificate the O.P/Bank undertook that he will pay the complainant a sum of Rs 8000/-only after maturity of the said Cash Certificate on or after 20.07.07 on presentation of the same.

This case was heard ex- parte against the O.P./Bank. There is no any document in the record which shows that as to why after maturity of the above Cash Certificate the concern O.P/Bank did not pay the maturity amount to the complainant. The complainant specially mentioned in his evidence as well as the plaint that he sent legal notice on 20.10.2010 to the O.P./Bank but we don’t find any supporting documents  like pre- paid postal receipts and AD returned in the record from where we can conclude that the complainant had taken any initiative to get the maturity value from the OP/ Bank on or after 20.07.07. Moreover, there is no any document in record which can prove that this complaint has been filed by the complainant under the provision of the C.P.Act,1986  within the limitation period of two years from the date of cause of action. So, we are of the opinion that onus upon the complainant to prove his case by cogent oral and documentary evidence. But the complainant fails to do so.

In the result, the case fails.

Fees paid is correct.

Hence, it is

ORDERED,

That the complaint case No. CC - 38/2014 be and the same is dismissed ex-parte against the O.P. without cost.

Let copies of this order be supplied to the parties free of cost.