Ld Advocate for the complainant is present and filed photocopy of 14 Deposit Receipts alongwith a statement without mentioning any Account Number. Heard argument of the Ld Advocate for the complainant. The judgement is made ready and pronounced in open Commission.

BY -SRI.SAURAV CHANDRA, MEMBER

1. Brief facts of the Complainants’ case are that the Principal Opposite PartyNo.1& 2are the Authorized Representative of Garbari Union (CACS) Ltd. and Opposite PartyNo.3is the dealing bank of the Opposite PartyNo.1 &2.

2. The predecessor of the Complainantsinvested @Rs.500.00 per month before the Ops in a Recurring Deposit Account for 3 Years i.e. from year 2002 to 2005.

3. Aftermaturity of the said Recurring Deposit, the predecessor of the Complainants surrendered the Pass Book along with submitted all necessary papers and documents towards claiming the maturity value but, until his death on 04.08.2020 he has not received any payment in spite of day after day visit before the Ops.

4. Then the Complainants being Legal Heirs and Representatives of the predecessor Late Anil Chandra Acharya,visited multiple times at the office of the Op No.1 and 2 and submitted all relevant papers and documents as per their requirements but, no proceeding has been made. The Complainants also visited the Ops to enquire about the disbursement of maturity value amount of the deceased Recurring Deposit but, no information has been supplied by the Ops to the Complainants in-spite of several requests, reminders and persuasions.

5. Therefore, the Complainants filed a Petition under the Rights to Information Act, 2005 on 23.11.2014 but, the Op No.1 and 2 simply ignored the same. On 23.11.2017 the Complainants submitted a letter before the Op No.3 for necessary settlement and the Op No.3 vide a letter dated: 01.01.2018 informed to settle the matter but, no steps taken.

6. After prolong correspondences in regular basis, the petitioner further submitted an application before the Op No.1 on 19.11.2019 against which the Op No.1 advised to submit some documents as mentioned in the said latter and for which the Complainants visited the office of the Op No.1 several times but, no fruitful result came.

7. The Complainants sent several request and reminders for actual account statement and to disburse the amount as well but, the Ops not provided the same intentionally. However, the Complainants from the office of the Ops verbally came to know, an amount of Rs.1,50,000.00 is receivable including Maturity Value, Interest and Other Benefits from the Op No.1 and 2 which they also verbally assured to disburse but, not done actually.

8. The Complainants then lodged their grievance before the Assistant Director – Consumer Affairs & Fair Business Practice (Govt. of West Bengal)at Tamluk, Purba Medinipur for peaceful mediation where the Op No.1 and 2appeared on 29.12.2021 and intend to disburse the amount(without mentioning the actual figure)as early as possible to the wife of the deceased as per the nomination registered in the said Recurring Account but, neither produced any accounts statement nor settled the claim by remaining silence and hence, the mediation proceedings has been dropped by the department with drawing a Mediation Report dated: 29.12.2021 with a view to prefer the complaint by the unsatisfied Complainants before this Commission.

9. On 20.06.2022, the Complainants No.1 on behalf of all the Complainantssent a Seven Day Notice through Registered Post to the Ops. against which the Op No.1 issued a letter on 23.06.2022 for discussion on 25.06.2022 at 10:00 AM where the Complainants No.1 met but, no positive result came out.

10. The cause of action of this case arose on and from 27.06.2022

1. To pay the Recurring Deposit Maturity Claimof Rs.1,50,000.00 by Ops.
2. To pay the Interest from the date of maturity to final payment by Ops.
3. To pay Compensation of Rs.25,000.00 towards harassment, mental pain and agony.
4. To pay Litigation Cost of Rs.5,000.00 to the Complainants for conducting the case.
5. Any other reliefs.

11. Notices were duly served upon the Opsbut,Ops have preferred to see that the case be decided ex-parte against them.
12. Under the above circumstances, the Complainantshave prayed for ex-parte order against the Ops.

13. Points for determination are:
1. Is the case maintainable in its present form and in law?
2. Are the Complainants entitled to the relief(s) as sought for?

14. Decision with reasons

1. Both the points I and II, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.

2. We have carefully perused the Petition, Evidence in Chief of Affidavitof the Complainants alongwithall necessary papers and other documents.

3. Having regards had to the facts and circumstances of the case in the light of evidence, it is evident that there is no dispute that Complainantsare the consumers having grievances against the Ops, as such the case is maintainable in its present form and in law.

4. In the instant case, the Complainants submitted a list of documents containing the copy of Power of Attorney, Several Correspondences by and between the parties dated: 25.11.2014, 23.11.2017, 03.01.2018, 19.11.2019, 26.11.2019, 20.06.2022 and 23.06.2022 respectively, Mediation Report dated: 29.12.2021, Statement of Deposit Total amounting to Rs.1,78,502.00 alongwith 14 numbers of deposit receipts, Legal Heir Certificate dated: 15.09.2015 and Death Certificate dated:30.08.2010 both issued by the Garhbari-I Gram Panchayet.

5. From the above submitted documents, it is carefully observed that the Opsare not only an defaulter for non-payment of Recurring Deposit Maturity Value after the maturity but also not supplied the updated Recurring Deposit Account Statement by which the Complainants can ascertain the value of such deposit by ultimately dragged the matter intentionally and unnecessary for a long period of18 years,even after receivingseveral requests, reminders, persuasions, requisite documents etc. from the predeceased as well as their legal heirs towards necessary settlement. As a result the Account holder ultimately unable to get the maturity value during his lifetime.

6. Therefore, it clearly transpires from unchallenged evidence of the Complainant, thatthere are not only elements of negligence, unfair trade practice and gross deficiency in service but also forced the Complainants to suffer a severe economic loss, harassment, mental pain and agony by the whimsical and illegal act of the Ops.

7. In view of the above unchallenged evidence adduced by the Complainants, it is clearly established that the Complainants is a Consumer under the Consumer Protection Act, 2019 (An Act to promote, protect and enforce the Rights of the Consumers) and there is deficiency of service and unfair trade practice on the part of the Opposite Parties according to the Consumer Protection Act, 2019. Do, the Complainant is entitled to get the claimed Maturity Value,Compensation and Litigation Cost.

8. Accordingly,both the points are decided in favour of the Complainants.

1.  Thus, the complaint case succeeds.

Hence, it is

          O R D E R E D

That the CC-149 of 2022 be and the same isallowed ex-parte against theOps.

The Ops, who are jointly and severally liable, are hereby directed to pay Rs.1,50,000.00 towards Maturity Valueof the Deposits made by Complainants along with Simple Interest @10% per annumfrom the date of filing of this case till actual payment.

The Ops, who are jointly and severally liable, are hereby directed to pay Compensation of Rs.15,000.00 and Litigation Costs of Rs.3,000.00.

The Ops will comply the above order within within 30 days from the date of this orderin default the Complainants will be at liberty to put the order into execution.

Let a copy of this judgment be provided to the Complainants at free of costs.

The judgment be uploaded forthwith on the website of the Commission for the perusal of the parties.

File be consigned to record section along with a copy of this   judgment.