Case No.  CC/24/2023

COMPLAINANT                :  Sri Binoy Adhikary

Aged about 40 years

Son of Badal Adhikary, resided at Krishnagar M.G. Road, P.O Krishnagar, P.S. Kotwali, Dist. Nadia,

West Bengal. PIN. 741101. Phone No. 9800475430.

V-E-R-S-U-S

OPPOSITE PARTIES / OPs           1.The Managing Director / Manager of Humara India

Credit Co-operative Society Limited.

Having its registered office at Mangal Jyoti, 101, 227/2 A.J.C. Bose Road, Sreepally, Bhowanipore, Kolkata, West Bengal, Pin. 700020.

Ld. Advocate(s)

                        For Complainant: Mokbul Rahaman

                        For OP/OPs : None

Date of filing of the case                :17.04.2023

Date of Disposal  of the case         : 25.08.2023

Final Order / Judgment dtd.25.08.2023

This is a case under section 12 of the Consumer Protection act 1986 filed by the aforesaid complainant against the aforesaid opposite parties praying for refund of Rs.15,000/-,  interest for the further period, compensation and litigation cost.

Complainant stated in the complaint that he deposited of Rs.7, 500/- before the office of OP no.1 under Golden A Double  scheme and one  document was  prepared by OP no.1 to that effect and handed over the same to him.

 But after maturity date OP no.1 expressed that he is unable to give the maturity value.

Thereafter he served a notice to the OP no.1 through his Ld. Adv but he did not get any fruitful result. Hence he lodged this complaint before this Commission praying for appropriate relief. 

After admission  of the aforesaid  complaint,  notices were  issued upon the OPs but neither the OPs nor their representative /representatives came  forward before this  Commission to  contest  this  complaint  case, hence  the instant case fixed for ex-parte hearing.

During Ex-parte hearing of this case, complainant produced one original document i.e the deposit certificate relating to aforesaid deposit dtd. 12.09.2016 vide no. 465002716407.

Ld. Adv. for the complainant submitted Affidavit – in – Chief which is unchallenged testimony and brief notes of argument. He also made verbal submission.

We have carefully gone through the aforesaid documents. No doubt regarding genuineness of one document appeared before us and we think that these documents may be considered.

DECISION WITH REASONS

It is the case of the complainant that on 12.09.2016 he deposited Rs. 7,500/- before the office of OP no.1 in the Golden A Double Scheme and after lapse of maturity date i.e 12.01.2022 he wanted the maturity value and he went before the office of OP no. 1 for the said purpose but OP no. 1 expressed his inability to refund the matured value.

During hearing Ld. Advocate for the complainant argued that in such a situation he issued a notice dtd. 23.02.2023 under Speed Post to the  OP no. 1  requesting  him to repay the maturity value  of the said deposit  and copy of the same also been sent to OP no.1 but those notice  did not  return before him within a reasonable  period  which compelled him to believe that said  notice  has been properly served upon aforesaid OP.

We also find from the document on record that OP no.1 is the financial Institution. We also find that complainant is the consumer under the OP within the purview of C.P.Act 2019 and subject matter of the complaint is under the jurisdiction of this commission. We also find that cause of action of this case has arisen on 23.02.2023 and complainant has filed this case on 17.04.2023 i.e within the period of limitation.

Considering the materials on record and in view of the aforesaid discussion we do not find any reason to disbelieve the aforesaid contention of the complainant. So we are of the opinion that complainant deposited the aforesaid sum before the OP but they avoided to return the maturity value to the complainant. So it is held that OP has jointly or severally and willfully neglected to return the maturity value of aforesaid fixed deposit amount to the complainant

So we are  of the further view that complainant  has able to established his grievance against the OP before this Commission which amounts to deficiency  of services on the part of OP under the purview of C.P.Act 1986.

Accordingly we are of the opinion that complainant is entitled to relief as per his prayer.

In the result petition of the complainant succeeds.

Hence, it is

ORDERED,

That the present case be and the same is allowed ex-parte against the OPs With cost of Rs.3,000/- to be paid by the OP in favour  of the complainant.

That the OP is  hereby directed to refund the maturity value of the aforesaid fixed deposit amounting to Rs.15,000-/   (Fifteen thousand ) along with further  interests @ 9 % per annum from the date of maturity of the said fixed deposits i.e from 12.01.2022  to till the actual  date of repayment to the complainant.

           OP is   further directed to pay compensation amounting to

Rs.5, 000/- to the complainant for his harassment, mental pain and agony.

OP is further directed to pay Rs.5,000/- as litigation cost to the Complainant.

OP is further directed to pay aforesaid awarded amount within 45 days from this date of order to the complainant,  failing which complainant shall have liberty to put this order into execution.

          Let a plain copy to this final order be supplied to the complainant  and OPs free of cost.

Dictated & corrected by me

 ............................................

                PRESIDENT

 (Shri   dAMAN PROSAD BISWAS,)

                                                                                                                               PRESIDENT

                                                                                                    (Shri   DAMAN PROSAD BISWAS,)               

I  concur,

....................................................................                                                               

                   MEMBER                                                                                        

(NIROD  BARAN   ROY  CHOWDHURY  )