Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
(3) Anil Kumar Singh
Member
Date of Order : 30.06.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund the remaining maturity amount of Rs. 35,000/- with interest and also refunding of monthly deposit amount with admissible interest.
- The facts of this case lies in a narrow compass which is as follows:-
Complainant has asserted that she has deposited a sum of Rs. 25,000/- with the opposite party under time deposit scheme on 09.05.2000. On maturity the complainant was to receive Rs. 50,000/- as will appear from annexure – 1.
It is further case of the complainant that on 10.05.2015 when the complainant approached the opposite party for payment of maturity amount she was only paid Rs. 15,000/- by opposite party with promise to pay the rest amount of Rs. 35,000/- in four months. Thereafter the complainant repeatedly approached opposite party but except assurance she did not received any amount.
It is further case of the complainant that she has invested money in society as monthly deposit which approximately comes to Rs. 4,950/- as will appear from annexure – 2 i.e. receipts and cash certificate was issued as will appear from annexure – 1. The complainant is a widow and she has a daughter of marriageable age and when she approached the opposite parties for payment of maturity amount with interest but her grievance has not been redressed. Thereafter a legal notice vide annexure – 3 wasgiven to opposite parties but nothing happened.
A written statement has been filed on behalf of opposite parties denying the allegation of complainant. In Para – 6 of written statement following facts have been asserted, “that the statement made in Para – 9 and 10 of the complaint petition is false. Entire allegation of the complaint petition is false, concocted and malafide. It is humbly submitted there are as follows, (a) there are about 80 (eighty) members in our society. Some members had taken loan from society. Some member had paid loan amount and some member did not paid loan amount. The claimant claim his matured amount, society paid him on the basis of available fund/cash amount. (b) that in this case the complainant wants to take total maturity amount, but it is not in a position for society to pay total matured amount. (c) that our society paid Rs. 15,000/- dated 10.05.2005 and promised the rest amount will be pay short time by installment. But the same was refused by the complainant. (d) that after a long time the complainant agree to take rest amount and ultimately Rs. 25,000/- had paid to the complainant dated 07.05.2011. (e) that the opposite parties are ready to pay rest matured amount to the complainant.”
Heard the learned counsel for the parties.
From bare perusal of annexure – 1 i.e. cash certificate it transpires that the maturity date was 10.05.2005 and on maturity date the complainant was to be paid Rs. 50,000/- only. In complaint petition it is stated that a sum of Rs. 15,000/- was paid to the complainant on 10.05.2005 and remaining amount of Rs. 35,000/- remained with opposite parties which they had assured to pay in four month. In written statement the opposite parties have stated that on 10.05.2005 Rs. 15,000/- was paid and on 07.05.2011 Rs. 25,000/- was paid. This fact has not been denied by the complainant by filing rejoinder. Thus, only Rs. 10,000/- is due with the opposite parties but it is also a fact that maturity date as appears from annexure – 1 was 10.05.2005 and as per opposite parties themselves Rs. 25,000/- was paid to complainant on 07.05.2011. Hence, the complainant is entitled to receive interest from 10.05.2005 till 07.05.2011. it further transpires that rest amount of Rs. 10,000/- has not been paid uptill now. Hence, the complainant is entitled to receive interest on amount of Rs. 10,000/- till it is paid.
For the discussion made above we direct the opposite parties to pay 10% interest on the amount of Rs. 25,000/- to the complainant from 10.05.2005 to 07.05.2011 within the period of two months from the date of receipt of this order or certified copy of this order.
We further direct the opposite parties to pay the rest Rs. 10,000/- to the complainant along with 12% interest from 10.05.2005 till it is paid within the period of two months from the date of receipt of this order or certified copy of this order.
Opposite parties are further directed to pay Rs. 25,000/- to the complainant by way of compensation and litigation costs within the period of two months from the date of receipt of this order or certified copy of this order.
Accordingly, this complaint stands allowed to the extent referred above.
Member Member(f) President
