Order-7.

Date-18/01/2017.

        Shri Kamal De, President.

This is an application u/s.12 of the C.P. Act, 1986.

The case of the Complainant in short is that the Complainant on 02.09.2009 deposited an amount of Rs.2 lacs at the office of the Respondent No. 1 for a Fixed Deposit for a term of 6 years 7 months against a certificate being serial no. 311 M.F.I. No. F-06/07/00102 application No. 00000110 dated 02.09.2009. The Complainant as per the Fixed Deposit Certificate is entitled to get a maturity amount of Rs.6 lacs and the said Fixed Deposit has been matured on 02.04.2016. The Complainant has also alleged that the OP neither granted any money receipt as against such deposit of Rs.2 lacs nor OP has issued any separate certificate for Fixed Deposit. The Complainant lodged a complaint before the Ld. DCDRF, Unit – 1, Kolkata, being CDF/Case No. 154 of 2010 and the Ld. Forum vide order dated 13.06.2012 directed the OPs to issue pucca money receipt of Rs. 2 lacs, in default to refund the said amount.The Complainant submits that the said Fixed Deposit purchased on 02.09.2009 matured on 02.04.2016, the matured amount being Rs.6 lacs. The Complainant, thereafter, on several occasions visited the office of Respondent No. 1 but till date the matured amount of the Fixed Deposit certificate was not paid to the Complainant. It is also alleged that the office of the OPs has been closed and no official of the office is also found available in the locality. The OPs have not taken any step to refund the matured amount of the Fixed Deposit of the Complainant. The Complainant also made a representation dated 13.06.2016 to the OPs, requesting the OPs to refund the aforesaid matured money but to no god. Hence this case.

None appeared from the side of the OPs in spite of service of summons. Neither the OPs have not appeared in this case nor contested the case. The case has been proceeded ex parte against the OPs.

Point for Decision

1)         Whether the OPs have indulged in unfair trade practice?

2)         Whether the OPs  are deficient in rendering the service to the Complainant?

3)         Whether the Complainant is entitled to get the relief as prayed for?

Decision with Reasons

            We take up all the issues together for decision for the sake of brevity and convenience. We have perused the documents on record i.e. Certificate of Fixed Deposit dated 02.09.2009, photocopy of the order of Ld. Forum in CDF, Unit – 1 case no. 154/2010, photocopy of the legal notice dated 13.06.2016 and other documents on record.

            It appears from the documents on record that the Complainant deposited a sum of Rs.2 lacs with the OPs on 02.09.2009 for a term of 6 years 7 months and OPs also  issued  a certificate dated 02.09.2009 being serial no. 311 M.F.I. No. F-06/07/00102 application No. 00000110 dated 02.09.2009. The date of the maturity as per the said certificate of the Fixed Deposit was on 02.04.2016 and the maturity amount of the Fixed Deposit was Rs.6,00,000/-. The complainant has alleged he did not receive the maturity amount. He has also alleged that the office of the OPs is found closed under lock and key and nobody in the locality could also enlighten about the officials of the OPs. We find that the Complainant, as it appears, also sent a legal notice dated 13.06.2016 for refund of the maturity amount to the OPs for refund of Rs.6 lacs, but to no good.

            It appears that the OPs have utilized the amount of the Complainant with ulterior motive. We think that the OPs are bound to refund the maturity amount of Fixed Deposit  to the Complainant. But, they have failed to do so. We think that the OPs have indulged in unfair trade practice as they have raised money from the Complainant, closed their office and fled off with the deposited amount of the Complainant.

            The OPs have failed and neglected to refund the matured amount of the Complainant.  OPs are deficient in rendering services to the Complainant and have indulged in unfair trade practice.

            None came from the side of the OPs to challenge or controvert the version of the Complainant in the petition of complaint or the evidence of the Complainant. The evidence of the Complainantremains unchallenged and uncontroverted.In absence of any contrary and controverting materials on record and having regard to the materials there at we think that the Complainant is entitled to get the relief as prayed for. We hold the OPs are guilty of deficiency of service as well as unfair trade practice.

In result, the case succeeds.

Hence,

Ordered

The instant case be and the same is allowed ex parte but on merit against the OPs.

 OPs are directed to pay an amount of Rs. 6 lacs along with interest  at the rate of 9 percent p.a. with effect from 02.09.2009 till compliance within one month from the date of this order apart from litigation cost of Rs.10,000/-.

OPs are also directed to pay an amount of Rs.20,000/- to the Complainant for causing harassment, mental pain and agony within the said stipulated period.

OPs are also directed to pay an amount of Rs. 50,000/- to this Forum towards unfair trade practice within the said stipulated period.

Failure to comply with the order will entitle the complainant to put the order into execution u/s.25 read with Section 27 of the C.P. Act 1986.