Order-6.
Date-02/12/2016.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant’s case in short is that the O.Ps. belong to Vibgyor Group. The complainant deposited a sum of Rs.4,00,000/- with the O.P.-1 on 21/02/2013 under their F.D. Scheme, being FDR No. BCON5742. The maturity value of F.D. is of Rs.4,00,000/- and the date of maturity was on 21/03/2016, the details of the type of deposit, date of deposit, rate of interest, redemption value as furnished in the petition of complaint. The complainant received quarterly interest upto 21/06/2014. O.P.-1, however, failed to pay the quarterly interest on and from 21/09/2014 to till the date of redemption.
The complainant has further stated that he deposited a sum of Rs.10,000/- with O.Ps. on 18/09/2013 for a tenure of 72 months and the repayment value is of Rs.40,000/-, the date of repayment is 18/09/2019 vide Certificate No.BC0N80290 and Application No.40557. The complainant has come to know that the office of the O.Ps. are put under lock & key and he has not received the redemption value of the F.D. or the quarterly rests on and from 21/09/2014 for amount deposited with the O.Ps. It is alleged that the doors of the O.Ps. is under padlock and O.Ps. have adopted unfair trade practice. The complainant has also alleged deficiency of service against the O.Ps. Hence, this case.
O.Ps. have not appeared in this case. O.Ps. have neither filed W.V. nor contested the case. The case has proceeded ex-parte against the O.ps.
Point for Decision
- Whether the O.Ps. are deficient in rendering service to the complainant ?
- Whether O.Ps. have adopted unfair trade practice ?
- Whether the complainant is entitled to get the relief as prayed for ?
Decision with Reasons
All the points are taken up together for the sake of brevity and convenience of discussion and as the points are inter related.
We have travelled over the documents on record, namely, Xerox copy of loan certificate, Xerox copy of F.D. Receipts, Xerox copies of cheuqes and other documents on record. It appears that the complainant invested an amount of Rs.4,00,000/- on 21/02/2013 under the F.D. Scheme, the FDR No. being BCON5742. It also appears from the Xerox copy of loan certificate and F.D. receipt that the date of redemption is 21/03/2016. Complainant, however, has not filed any certificate showing deposit of Rs.10,000/- with the O.P. being certificate No. BCON80290 as stated in the petition of complaint.
It appears that the complainant received quarterly interest in respect of FDR No.BCON5742 till 21/06/2014. It also appears that the complainant has not received the maturity of the F.D. on 21/02/2016 as per the certificate. It is alleged that the office of the O.Ps. is under lock & key. So it appears that the O.Ps. have usurped the deposited amount of the complainant and have avoided the responsibility of repayment. We think that O.P. parties have resorted to unfair trade practice. We also think that the O.Ps. are deficient in rendering service to the complainant.
None came from the side of the O.Ps. to challenge or controvert the version of the complainant. The recitals of the complainant as stated in the petition of complaint remain unchallenged and uncontroverted.
In absence of any contrary and controverting materials on record and having regard to the documents on record we think that complainant is entitled to get the relief as prayed for. We have hunch back that the complainant has not prayed for return of deposit of Rs.10,000/- on 18/09/2013, the date of repayment being 18/09/2019 and the repayment value being Rs.40,000/- vide certificate No. BCON80290 as stated in the petition of complaint. There is also no prayer for refund of the said amount. So we are not inclined to make any order with regard to the said deposit.
In result, the case succeeds.
Hence,
Ordered
That the instant case be and the same is allowed ex-parte but on merit against the O.Ps.
O.Ps. are jointly and severally directed to pay an amount of Rs.4,00,000/- in respect of FDR No.BCON5742 along with quarterly rests on and from 21/09/2014 till the date of redemption within one month from the date passing this order.
The O.Ps. are also jointly and severally directed to pay an amount of Rs.25,000/- as compensation for causing harassment, mental agony to the complainant within the said stipulated period.
The O.Ps. are also jointly and severally directed to pay an amount of Rs.40,000/- as penal damage for practicing unfair trade to this Forum within the said 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.
