West Bengal

Kolkata-II(Central)

CC/348/2013

TARAK PRASAD BANGAL - Complainant(s)

Versus

PARTHA PANDIT & ANOTHER. THE BRANCH MANAGER, THE PEERESS GENERAL FINANCE & INVESTMENT CO. LTD. - Opp.Party(s)

Self

19 May 2014

ORDER


cause list8B,Nelie Sengupta Sarani,7th Floor,Kolkata-700087.
CC NO. 348 Of 2013
1. TARAK PRASAD BANGALVILL-SAMALI, P.O-NAHAARI, P.S BISHNUPUR, KOLKATA-700104.SOUTH 24 PARGANAS. ...........Appellant(s)

Versus.
1. PARTHA PANDIT & ANOTHER. THE BRANCH MANAGER, THE PEERESS GENERAL FINANCE & INVESTMENT CO. LTD.5/6, M.G ROAD, P.O-HOWRAH, PIN-711101.2. 2) THE PEERLESS GENERAL FINANCE & INVESTMENT COMPANY LIMITED.3, ESPLANADE EAST, KOLKATA-700089. ...........Respondent(s)



BEFORE:
HON'ABLE MR. Bipin Muhopadhyay ,PRESIDENTHON'ABLE MR. Ashok Kumar Chanda ,MEMBERHON'ABLE MRS. Sangita Paul ,MEMBER
PRESENT :Self, Advocate for Complainant
Ld. Advocate, Advocate for Opp.Party

Dated : 19 May 2014
JUDGEMENT

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                                                    JUDGEMENT

          Complainant by filing this complaint has submitted that he invested of Rs.5,700/- on two occasions total Rs.11,400/- with the op vide FD. No.A215014134 dated 22.03.2006 and maturity amount was Rs.15,659/- and continuous bonus and interest being Rs.2,052/-.  But on maturity value op did not pay the matured amount.  So, he represented to the office of the Peerless General Finance & Investment, Branch office etc but till date maturity amount had not been paid to the complainant.  So, he issued a registered letter for payment of his maturity amount but no result was achieved and so for the deficiency and negligence on the part of the op and also for not mediating the maturity amount, this complaint is filed for harassment by the op and for sufferings pain etc.

          On the other hand op by filing written statement submitted that allegation is false and fabricated on the ground that as per FD Certificate being No.A215014134 complainant must have to deposit two installments of Rs.5,700/- each.  But he deposited only Rs.5,700/- on 22.03.2006 and next date of deposit was on 22.03.2007, but that second installment amount was not deposited and for which as per official procedure after maturity complainant was informed and certificates of status was given and he is entitled to Rs.6,458/- because he did not deposit second installment on 22.03.2007.  But complainant is not willing to receive it and on false and frivolous ground files this complaint and stating that he deposited two installments of Rs.5,700/- each but that is not fact and complainant failed to produce and valid paper and for which there is no question to disburse the total maturity amount when only one installment of Rs.5,700/- was paid and in fact complainant with some ill-motive submitted the complaint and for which the complaint should be dismissed and op is always willing to refund the present maturity amount of Rs.6,458/- but complainant was asked to submit all details but he did not submit for which it cannot be transmitted to his account and for which the complaint should be dismissed.

 

                                                        Decision with reasons

 

          On critical study of the complaint and including the documents and written version and particularly the FD Certificate, it is clear that complainant did not deposit second installment of Rs.5,700/- and complainant has failed to produce any receipt to show that he deposited second installment of Rs.5,700/- on 22.03.2007.

          Further it is found that from the depositors details and certificate states that complainant did not pay any such amount of Rs.5,700/- as second installment as per FD No.A215014134.  So, apparently it is found that complainant has failed to prove that he deposited both the premiums of Rs.5,700/-.  But it is proved from the complainant’s record that he deposited only Rs.5,700/- on 22.03.2006 but he failed to deposit last payment on 22.03.2007 and considering the vital documents as produced by the op and the complainant and complainant is entitled to get the entire maturity amount in respect of FD as he has deposited only the first installment of Rs.5,700/- and for which op prepared depositor’s details along with certificate status closed and asked the complainant to receive Rs.6,458/- but complainant did not agree and for that reason the money is lying in the custody of the op.

          After giving proper attention into the claim of the complainant including the materials on record we are convinced to hold that for some reasons or otherwise complainant filed this complaint.  But probably he did not properly materialized whether he submitted the second installment of Rs.5,700/-.  But the papers as produced by the op simply proves that complainant deposited only one premium and for which the said FD was closed after maturity on 22.03.2013 and matured amount is on basis of the one deposit of Rs.5,700/- became Rs.6,458/- and op is always willing to return it but complainant is not taking back it.

          So, we are of view that complainant is only entitled to Rs.6,458/- from the op and op is willing to pay and they have already prepared such papers but complainant is unwilling to sign the same.

 

          In the result the complaint succeeds but without any cost in view of the fact complainant’s claim is not found any base.

          Hence, it is

                                                             ORDERED

 

          That the complaint be and the same is allowed on contest without any cost against the op.

          Op is directed to refund the matured amount of Rs.6,458/- to the complainant within one month and op is requested to send all necessary papers to the complainant and complainant is directed to sign the same and supply his bank account details so that op may send it to the complainant’s bank account and after that the matter shall be automatically disposed of finally.

          Complainant is directed to comply the order and op is also directed to take such step for materialize the entire case.

 

 


[HON'ABLE MR. Ashok Kumar Chanda] MEMBER[HON'ABLE MR. Bipin Muhopadhyay] PRESIDENT[HON'ABLE MRS. Sangita Paul] MEMBER