Jharkhand

Bokaro

CC/16/106

Kapildeo Prasad - Complainant(s)

Versus

M/S Jaiprakash Associates Ltd. - Opp.Party(s)

Sri Anand Vardha

18 Aug 2022

ORDER

District Consumer Disputes Redressal Commission, Bokaro

Case No. 106/2016

 Date of Filing-22-09-2016

 Date of Order-18-08-2022

Kapildeo Prasad R/o Qr.No. 1125, Sector-IV/D, P.O. & P.S- B.S.City, District- Bokaro, Jharkhand.

                                      Vr.

1.M/S Jaiprakash Associates Ltd.

 Represented by Shri Manoj Gaur, Exective Chairman & C.E.O.

 Sector, 128,Noida (U.P.)-20134

2. Karvy Stock Broking Limited

    Represented by branch head Sahilesh Jha,

   At-  B-1, Second Floor, City Center, Sector-IV, B.S.City,

   District- Bokaro, Jharkhand

Present:-

          Shri Jai Prakash Narayan Pandey, President

          Smt. Baby Kumari, Member

                                                -Order-

1. Complainant’s case in brief is that he deposited Rs. 50,000/- under fixed deposit scheme ( in short F D) vide receipt No. C0361578 dt. 22.09.2012 with the O.P. No.1 Jai Prakash Associates Ltd. (In short J.P. Associates) and its maturity amount was Rs. 72,610/- on 21.09.2015. Further case is that inspite of repeated requests and writing of letters on 09.10.2015 and 21.11.2015 payment was not made hence case has been filed with prayer to direct the O.Ps. to pay the maturity amount along with interest @ 18% per annum and to pay Rs. 10,000/- as compensation and Rs. 10,000/- as litigation cost to the complainant.
2. O.P. No.1 appeared and has filed W.S. but inspite of taking time O.P. No.2 has not filed W.S. in the case hence he has been debarred from filing W.S.
3. As per O.P. No.1 he is ready for repayment of the maturity amount of FDR of the complainant within the time permitted/may be permitted by Hon’ble National Company Law Tribunal (in short NCLT) vide order dt. 17.06.2016. Only objection is that matter was pending before the NCLT hence this case was not maintainable before this Commission and in the NCLT date has already been fixed on 17.06.2016.
4. In support of W.S. photo copy of order dt. 03.11.2016 passed by the Consumer Disputes Redressal Forum, Delhi in C.C. No. 539/16/1122 has been filed. On perusal of that very order it appears that as per order of the NCLT time has been fixed till 31.03.2017 for payment of all outstanding fixed deposit of the O.P. hence cause of action of the case will arrive after 31.03.2017 therefore, case has been dismissed at admission stage with liberty to the complainant to file fresh complaint after 31.03.2017 in case of none payment. It is apparent from the materials available on record that till date there is no updation by the O.P. regarding order of the NCLT. The fixed date in that very case i.e. 31.03.2017 has already been passed. Therefore, we are of the view that there is no reason to keep this old record further pending hence in view of admitted facts following order is being passed:-

O.P. No.1 is directed to make payment of maturity amount of Rs. 72,610/- along with interest @ 12.50% per annum from 22.09.2015 till final realization of said amount to the complainant. Further O.P. No.1 is directed to pay Rs. 10,000/- compensation in respect to various type of harassment caused to the complainant and also to pay Rs. 5000/- as litigation cost. All above payments must be made within 90 days from receipt/production of the copy of this order to the O.P. No.1.