Ld. Advocate(s)
For Complainant: Romeet Sil
For OP/OPs : None
Date of filing of the case :16.09.2020
Date of Disposal of the case :31.01.2023
Final Order / Judgment dtd.31.01.2023
This is a complaint u/s 35 of the consumer Protection Act 2019.
Complainant opened one recurring account before the OP for the period of sixty months with the monthly subscription of Rs.200/- Complainant paid 35 installments and could not continue the said account. After the end of maturity date he claimed the maturity value but OP refused the same. Hence, this case.
After service of notice OP appeared and filed W/V and denied the entire allegation of the complainant and also filed a petition on 12.04.2021 stating that they would pay the entire claimed amount within a year but he did not pay the same. Since after the said date OP is not taking any steps till today.
Trial:-
During trial complainant filed affidavit- in -chief of herself. She also filed original pass book of the said Recurring account videno.60214800553.
Decision with reasons:-
As OP is a financial institution so it is found that complainant is a consumer and OP is a service Provider.
Vide order dt 06.10.2020 delay has been condoned so it is clear that present case is not barred by law of limitation.
Complainant as P.W 1 corroborated the allegation of the complaint. Document i.e Pass Book of the aforesaid recurring account corroborated the facts of this case. Aforesaid evidences are unchallenged testimony and we do not find any reason to disbelieve the same.
On careful perusal of the Pass Book of the aforesaid Recurring Account we find that monthly subscription is Rs.200/-. Tenure of the scheme is 60 months and date of maturity is 07.08.2018.
It is well established and known to everybody that account holder of a recurring account can close the account at any time after opening of the said account and then he is entitled to refund of the invested amount long with interest as per the said scheme.
But in the present case we failed to understand as to why the OP did not pay the amount of the said account in favour of the complainant even after the maturity period.
OP also did not take any attempt to pay the maturity value even after the maturity date of the said account. OP appeared in this record on 12.04.2021 and filed a petition stating that he wants to pay the maturity value within a year but that prescribed period has over and OP did not pay the maturity value as per the said scheme in favour of the complainant.
So it is well established that OP has no intention to pay the maturity value of the said recurring Account in favour of the complainant. So necessity of interference of this commission has well established
In the result complaint succeeds.
Hence,
It is
Ordered.
The present case be and the same is allowed on contest against the OP with cost of Rs. 3,000/- (Rupees three thousand only) to be paid by the OP in favour of the complainant.
OP is directed to pay the invested amount of Rs.7,000/- along with applicable interest as per the said scheme till the date of maturity i.e on 07.08.2018 and to pay further interest @ 9% per annum from the aforesaid date of maturity i.e from 07.08.2018 to till the date of actual payment and he is also directed to pay a further amount of Rs.3,000/- as compensation within one month from this date of order failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties as free of cost.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
PRESIDENT
(Shri DAMAN PROSAD BISWAS,
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY )
