J U D G E M E N T

Bibakananda Pramanik, President – This consumer complaint under section 12 of the C.P. Act, 1986 has been filed by the complainant-

COMPLAINT CASE NO. 10/2018

Sri Santana Jana alies Mishra against the O.ps. named above alleging deficiency in service on the part of the O.ps.

       Complainant’s case, in brief, is as follows:-

       On 30/08/2010, the complainant invested a sum of Rs.5,00,000/- in the fixed deposit scheme of the O.p. vide Account/Certificate no.04H102512581 and the date of maturity of the said scheme was on 29/02/2016. After expiry of the maturity period, the complainant requested the O.ps. to pay her the maturity amount of Rs.10,00,000/- of such investment but the O.ps. failed and neglected to pay the said amount to the complainant. Hence the complaint, praying for directing the O.ps. to pay the maturity amount of Rs.10,00,000/- to the complainant and for an order of compensation and cost.

       O.ps. appeared in this case and filed w.v. Thereafter on the date of filing questionnaire by the O.ps. against the evidence of the complainant, the O.ps. did not turn up for which this case was ordered to be heard ex-parte. Hence the ex-parte hearing.

POINT FOR DECISION

Is the complainant entitled to get the reliefs, as prayed for?

DECISION WITH REASONS

To prove her case, the complainant has tendered her written examination-in-chief supported by affidavit in evidence and she has also filed xe-rox copy of a certificate towards provisional allotment for booking of standard A.C. room accommodation with service with the O.p.-Company.

We have gone through the said evidence and the document filed by the complainant.

It appears that although in her complaint as well as in her evidence the complainant has stated that she invested the said amount of Rs.5,00,000/- in the fixed deposit scheme of the O.p. but no such fix deposit certificate has been filed by the complainant. From xe-rox copy of document so filed

COMPLAINT CASE NO. 10/2018

by the complainant in support of her case, we find that this is a copy of certificate towards advance payment for provisional allotment for booking of standard a/c room accommodation with service. So this document is not a proof of investment in any fixed deposit scheme of the O.p. Moreover from this document we do not find that there is any such terms and condition for making payment of maturity amount after expiry at the ends of 29/02/2016. In the said copy of certificate there is an endorsement that on cancellation of the booking, a sum of Rs.10,00,000/- will be paid to the complainant.  Complainant has made out no such case that she cancelled the said booking. So the case made out in the petition of complaint is totally contradictory with that of documents filed by the complainant regarding such alleged investment in fixed deposit account and the petition of complaint is therefore liable to be dismissed. Hence,

          it is,

O R D E R E D

that the complaint case no.10/2018 is dismissed ex-parte without cost.

Let a plain copy of this order be given to the complainant free of cost.

Dictated and corrected by me.

(Bibekananda Pramanik)

President, D.C.D.R.F.,

Howrah.