Date of Filing: 15.03.2017 Date of Final Order: 07.07.2017
Sri Gurupada Mondal, President.
This is a case u/s 12 of CP Act, 1986 filed by one Juthika Sarkar against Ramesh Chandra & 2 others praying for compensation of Rs.20,000/-, refund of matured amount of Rs.1,20,000/- and Rs.10,000/- as litigation cost.
The case of the Complainant in short is that the Complainant made a Fixed Deposit of Rs.1,00,000/- vide Account No.1234346 being FDR No.1202707 on 19.12.2012 for a period of three years and the said FDR was matured on 19.12.15 and the Ops stopped paying of interest since July, 2015. The said FDR being No.1202707 dated 19.12.12 was matured on 19.12.15 but Ops did not pay the matured amount.
Hence, the Complainant has filed this case against the Ops for proper relief.
The OP No.1, 2 and 3 did not turn up to contest this case and as such this case is heard ex-parte against the Ops.
In the light of the contention of the Complainant, the following moot points necessarily came up for consideration.
POINTS FOR CONSIDERATION
- Are the Complainants Consumers as per provision under Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the O.Ps any deficiency in service as alleged by the Complainants?
- Whether the Complainants are entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully and perused the evidence on affidavit of the Complainant. Perused the entire documents in the record also heard the argument advanced by the parties at a length.
Point No.1
It is evident from the Fixed Deposit Receipt that the Complainant deposited a sum of Rs.1,00,000/- in the Unitech Ltd. On 19.12.12 and the rate of interest was 12.5% p.a. Therefore, the Complainant purchased one FDR amounting of Rs.1,00,000/- from the Ops and in terms of such FDR, the OP promised to pay interest @12.5%
As such, in terms of Section 2(1)(d) of CP Act, 1986, the Complainant is a consumer. Hence, this point is decided in favour of the Complainant.
Point No.2.
The Complainant is the resident of Cooch Behar and she issued a cheque in favour of Unitech Ltd. Fixed Deposit Account of Rs.1,00,000/-drawn on Axis Bank, Cooch Behar. The said cheque was encashed in favour of the OP/Unitech Ltd. and then FDR No.1202707 of Rs.1,00,000/- was issud in favour of the Complainant. Therefore, cause of action arose at Cooch Behar. Hence, we hold that this Forum has territorial jurisdiction to try this case.
The claim amount is much less than this Forum has pecuniary jurisdiction to try a case. Hence, this Forum has pecuniary jurisdiction to try this case.
This point is decided in favour of the Complainant.
Point No.3 & 4.
Both the points are taken up together for the consideration of discussion as well as both the points are related with each other.
From the documents as filed by the Complainant, it reveals to us that the Complainant deposited Rs.1,00,000/-in favour of the Ops on condition to pay interest @12.5% p.a. It is also agreed that the OP shall pay monthly interest. The OP promised to return the maturity amount on 19.12.15. In the meantime, the OP stopped paying of interest from June, 2015. The Complainant wrote to the Ops and sent the original FDR being No.1202707 for return of the matured amount but the Ops did not pay the same. The evidence of the Complainant remains unchallenged. Thus, considering the unchallenged evidence of the Complainant and documentary evidences, it is well established that the Complainant made a Fixed Deposit of Rs.1,00,000/- on 19.12.12 in favour of the Ops on condition that the OP shall pay monthly interest @12.5% p.a. and date of maturity was on 19.12.15. The Ops stopped paying of interest from the month of June, 2015 and did not pay the maturity amount.
As such, we hold that the deficiency of service and unfair Trade Practice of the Ops are well established and the Complainant is entitled to get a decree as prayed for.
Both the points are decided in favour of the Complainant.
Accordingly,
Ordered,
that the present case being CC No.37/17 is hereby allowed ex-parte against the Ops with cost of Rs.10,000/-.
The OP No.1,2 and 3 are hereby directed to pay the maturity amount of Rs.1,00,000/- plus interest @ 12.5% p.a. from July, 2015 to December, 2015 (Rs.6,250/-) plus interest from January, 2016 to June, 2017 (Rs.18,750/-) i.e. Rs.1,25,000/- to the Complainant.
The Ops are further directed to pay Rs.20,000/- to the Complainant for causing mental pain, agony, deficiency of service and unfair trade practice.
The Ops are hereby directed to pay the aforesaid amount within 30 days from this date and in case of making default, the Ops shall pay Rs.100/- per day to the Complainant. The Ops are jointly and severally liable to pay the aforesaid amount.
Let a copy of the final order be made available and be supplied free of cost to the concerned party/Ld. Advocate by hand/Registered Post with A/D forthwith for information and necessary action as per Rules.
Dictated and corrected by me.
