Complainant by filing this complaint submitted that being satisfied goodwill of the op, complainant deposited a sum of Rs.45,000/- to get monthly interest and against the principal amount in respect of the Fixed Deposit F.D.R. No. M/2/015665 and date of deposit was 15.07.2003 and monthly interest was Rs.375/- and date of maturity was on 14.07.2006.

          Fact remains that complainant just after getting interest suddenly she found that payment of interest had been stopped.  But only one month interest paid of Rs.375/- was sent on 01.02.2005.  Thereafter complainant requested the op company for premature payment of the entire FDR amount and op ignored that and thereafter further wrote a letter on 27.05.2005 for premature refund of the amount and complainant surrendered the original Fixed Deposit to op on 04.05.2006 and same was acknowledged by the op on the same date but op company paid Rs.11,250/- only on 01.09.2006 being part payment of the principal amount and thereafter they did not pay the balance amount for which complainant was compelled to file this complaint for refund of principal amount of Rs.33,750/-  with compensation etc.

          But op by filing a petition submitted that the Hon’ble High Court is pleased to stay all cases pending against the present op till disposal of the C.A. No.93/2008 and so the present Consumer Forum is not in a position to dispose of the matter.  But anyhow the op has failed to prove by any cogent evidence that the said proceeding is still pending and no copy of order has been filed to show that the present proceeding is stopped by the Hon’ble High Court.  But other matter has not been disputed and truth is that no copy of order passed by the Hon’ble High Court, is submitted by the op as yet.  So, in the circumstances the matter was heard finally and today is passing final order.  Another factor is that on date of argument, the Ld. Lawyer of the op was absent and op’s agent was also absent.

                                                Decision with reasons

          On careful consideration of the complaint including the documents, it is clear that complainant deposited a sum of rs.45,000/- to the op with a subject to payment of interest by the op to the extent of 10% per month over the sum i.e. Rs.375/- and deposited amount would be valued on 14/07/2006.  But truth is that only in one occasion only Rs.375/- was given and no interest was further paid for which complainant again and again and rather repeatedly requested the op to release the entire fixed amount of Rs.45,000/- and ultimately he deposited the fixed deposit document with a prayer for refund of the same when out of Rs.45,000/- op only paid Rs.11,250/-.  But truth is that further no payment was made by the op.  But fact remains that op has not denied that fact and it is also proved that op is trying to grab the sum and in fact the said amount was deposited on 15.07.2003.  But till today balance capital amount of Rs.33,750/- has not been paid and now it is the intention of the op not to pay but to grab the matter and no doubt in such a fashion the op has grabbed huge amount and cheated many customers which is evident from this fact.  So, considering that fact, we are confirmed that op has adopted an unfair trade practice and he received Rs.45,000/- as capital against fixed deposit but did not pay any interest and fact remains the entire transactions of the op is nothing but an un-marchantable and op’s act tantamount to cheat and deceive the customers in such a fashion and considering no other materials we are convinced to hold that the complainant is entitled to get relief in respect of his prayer and op is bound to refund it by refunding the sum of Rs.33,750/- and also interest @ 10% since 15.09.2003 and in the mean time 10 years already passed.  So, the complainant is entitled to get further compensation to the extent of Rs.34,000/- in lieu of interest and also for harassing the complainant and for adopting unfair trade practice by the op.

          Further for adopting unfair trade practice by the op, op is also directed to pay Rs. 20,000/- as punitive damages to the State Consumer Welfare Fund.

          Op is directed to comply the order within one month from the date of this order failing which for each day’s delay interest @ Rs.200/- per day shall be assessed till full satisfaction of the decree and if it is collected it shall be deposited to the State Consumer Welfare Fund and even if op violates the order of this Forum, in that case penal proceeding shall be started and in that case op may be penalized for his own reluctant attitude to comply the order.