Present :      Sri A.K. Das,  President

                    Sri L.K. Banerjee, Member

Order no.    10   dt. 08.04.2008        

          None appears on behalf of the parties. Matter is taken up for hearing. Perused the affidavit and the w/v filed by o.p. no.2.

          Petitioner has filed this complaint for realization the amount Rs.40,000/- deposited with the o.p. no.3 and other consequential relief. Petitioner further stated that he has paid the amount Rs.40000/- through account payee cheque in favour of o.p. no.3 at the office of o.p. no.1 who is a sub broker of o.p. no.2 and o.p. no.2 is the broker of o.p. no.3. Petitioner  got certificate issued by o.p. no.3 being no. CALRN 00125 M dt.24.8.02 and the date of maturity was fixed on 23.7.05, annex-A. Petitioner thereafter received interest @ Rs.383/- per month upto 28.2.03 but the next cheque for interest was dishonoured, annex-B. Thereafter the petitionermade correspondences with the o.p. on 6.6.05, 1.8.05 and 1.12.05 with the o.p. no.3 in respect of non payment of interest and for refunding the principal amount but no reply received from their end. Hence, the petitioner has moved this forum for above relief.

          All the o.ps. appeared but none of them filed any w/v excepting the o.p. no.2 who has contended that they denied any role and responsibility in default by the o.p. no.3 in making payment of interest and principal of fixed deposit.

          Petitioner filed affidavit corroborating the statement made in the petition of complaint. It is evident from the materials on record that the petitioner deposited the amount Rs.40000/- with the o.ps. no.3 for a certain period from 24.8.02 to 23.8.05. In the mean time he received interest of the principal amount upto 28.2.03. Thereafter he received any amount from the o.p. no.3, nor the o.p. no.3 responded following the correspondences of the petitioner. The contention /statement of the petitioner is unchallenged. There is no evidence on record contrary to the statement made in the petition of complaint or the affidavit. Thereby the petitioner is entitled to relief as prayed for. Accordingly the consumer complaint succeeds and it is awarded in the following terms.

          The o.p. no.3 is directed to refund back the amount Rs.40,000/- (Rupees forty thousand) only along with interest @ 8% p.a. from 1.3.03 till recovery within two months from date. The O.p. no.3 is also directed to pay litigation cost Rs.1000/- (Rupees one thousand) only within that time failing which it will carry an interest @ 8% p.a. till recovery.

          Let copy of this order be supplied to the parties free of cost.

                           Member                                                                         President