In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 191 / 2008 1) Sri Dipta Prasun Saha, 1/39, Ashoknagar, Kolkata-40. ---------- Complainant ---Verses--- 1) M/s. Dunlop India Limited, Ruhia Centre, 46, Amir Ali Avenue, Kolkata-17, P.S. Karaya. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member. Order No. 1 2 Dated 1 5 / 1 2 / 2 0 0 9. Complainant Dipta Prasun Saha by filing a petition of complaint u/s 12 of the C.P. Act on 10.6.08 has prayed for issuing direction upon the o.p. M/s. Dunlop India Ltd. to pay his dues of Rs.31,090/- and cost and compensation. Fact of the case in short is that the complainant deposited Rs.3000/- with the o.p. as fixed deposit on 3.5.1995 for three years. The sum was matured on 3.5.1998. He submitted the fixed deposit receipt duly discharged and obtained submission receipt. But the o.p. did not pay anything even after several applications for payment. After a few months of maturity of the fixed deposit the o.p. declared closer. He applied to BIFR for payment. BIFR accepted the case and referred to the operating agency IDBI to take an account for formulating the rehabilitation scheme. As IDBI seized to be the operating agency of the o.p., the IDBI forwarded the case to SBI Rehabilitation and Recovery Branch, Kolkata. He applied to the new operating agency, but as he did not get any reply, he has filed this case against the o.p. with the aforesaid prayer. Decision with reasons : Only point need be decided in this case is that whether the complainant is entitled to get payment of Rs.31,090/- from the o.p. It is evident from annex-1 that the complainant deposited Rs.3000/- with the o.p. for three years on 30.5.09 wherein the date of maturity is on 3.5.1998. The receipt is annex-2 and the letter of the complainant sent under regd. post to the Secretary, Public Deposit, Dunlop India Ltd. with respect to payment of fixed deposit, annex-3. In the impugned letter, the complainant has stated that their fixed deposits were matured on 4.5.1998 and they deposited Rs.3000/- and Rs.10,000/- in A/C no. 3D20118 and 3A20260 respectively on 29.4.1998. But they have not received any such payment and they requested the authority to make necessary arrangement for their payment. This letter is dt.23.6.1998. They have given a reminder to o.p. on 3.11.01 with the same demand, vide Annex-3 collectively. On 3.1.01 the complainant has sent another letter to the Chairman and Managing Director, Dunlop India Ltd. on the same subject for making payment. All the letters are collectively marked Annex-3. The complainant also applied to the BIFR and it appears from the letter of BIFR dt.17.10.01 wherein the BIFR has stated that the complainant may take legal action against the o.p, Annex-4. In their letter dt.25.6.04, Annex-5, that IDBI is not the operating agency and they regret their inability to take the matter with the company. We have also perused annex-C which is letter dt.18.8.06 addressed to the Deputy General Manager, written by the complainant wherein he has brought the fact and inability of IDBI and BIFR to make such payment. We have already said that admittedly the complainant deposited Rs.3000/- with the o.p. on 3.5.1995 for three years and the date of maturity is 3.5.1998 and along with the interest the complainant is entitled to get Rs.31,090/-. In view of this position we find deficiency of service committed by the o.p. Hence, Ordered, that the petition of complaint is allowed ex parte. The o.p. is directed to make payment of Rs.31,090/- (Rupees thirty one thousand ninety) only and pay a compensation of Rs.2000/- (Rupees two thousand) only and litigation cost of Rs.500/- (Rupees five hundred) only positively with thirty days from the date of communication of this order, failing which it will carry interest @ 10% p.a. on the grand total of Rs.33,590/- (Rupees thirty three thousand five hundred ninety) only. Fees paid are correct. Supply certified copy of this order to the parties on payment of prescribed fees. _____Sd-_____ _____Sd-_____ MEMBER PRESIDENT |