Order No.  7  dt.  19/01/2017

       The case of the complainant in brief is that the complainant convinced by the agent of o.p. company and agreed to invest an amount of Rs.60,000/- as FD in Jan. 2006 with the condition that he would get interest @ 11.5% per annum, the maturity date was 13.1.09, subsequently the said amount was reinvested for 36 months and the maturity date was 14.1.12 with the assurance was given to the complainant that he would be given interest @ 12% per annum and maturity date was 14.1.15. The complainant again invested another Rs.1 lakh to o.p. and received a FD certificate from o.p. company with effect from 11.1.12 for 36 months at an interest @ 12% per annum. The complainant thereafter expiry of the maturity period demanded the said amount but no response was given to the request of the complainant, subsequently the complainant became ill and he is suffering from cancer and he requested the o.p. to provide him with the amount of Rs.2 lakhs which he invested in the o.p. company towards the fixed deposit, out of the said amount Rs.1 lakh was paid to the complainant in his account but Rs.1 lakh remained due. The complainant in spite of repeated requests failed to get the said amount for which the complainant filed this case praying for direction upon the o.p. to return the amount of Rs.1 lakh plus Rs.4000/- as monthly unpaid interest plus 15% interest for delay from 1.6.15 and further Rs.30,000/- for compensation and Rs.10,000/- for litigation cost.

            In spite of receipt of notice the o.p. did not contest this case by filing w/v and as such, the case has proceeded ex parte against the o.p.

            In order to prove the case the complainant filed an evidence on affidavit whereby he stated that he invested Rs.2 lakhs to o.p. company and out of the said amount Rs.1 lakh was paid and remaining amount of Rs.1 lakh has not been paid by o.p. The complainant further stated that he was not provided with the interest and he is suffering from cancer and badly requires the said amount for his medical treatment. In support of the said contention the complainant filed some documents including the photocopy of the FD certificates since original certificates were deposited to o.p., since o.p. gave assurance that the complainant would be paid the entire amount. Since the evidence of the complainant has remained unchallenged therefore we have no hesitation to hold that the complainant will be entitled to get the relief as prayed for.

            Hence, ordered,

            That the CC No.113/2016 is allowed ex parte with cost against the o.p. The o.p. is directed to refund a sum of Rs.1,00,000/- (Rupees one lakh) only to the complainant along with compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.          

            Supply certified copy of this order to the parties free of cost.