Date : 15/12/2022
The case is taken up for passing ex-parte judgment.
In short, the case of the complainant is that the complainant availed a fixed deposit certificate of Rs.35,000/- (Rupees Thirty Five Thousand) only on 30.04.2012 with the maturity date 30.04.2020. The maturity amount was Rs.91,420/- (Rupees Ninety One Thousand Four Hundred and Twenty) only.
The details of fixe deposit is as follows:
Sl. No. | Receipt No. | Issued Dt. | Certificate No. | Membership No. | Amount Invested Rs. | Maturity Dt. | Maturity Value Rs. |
1. | 80161891984 | 30.04.2012 | 351004913349 | 24181201743 | 14,350/- | 30.04.2020 | 91,420/- |
On maturity of the above mentioned certificate, the complainant requested the opposite parties for making payment of the maturity value of the Fixed Deposit certificate but to no effect.
The complainant sent a lawyer’s Notice on 17.06.2020 requesting them to pay Rs.91,420/- (Rupees Ninety One Thousand Four Hundred and Twenty) only being the maturity proceeds along with further compensation from the date of maturity till repayment within 15 days from the date of receipt of the notice (Exhibit no. 3). But the complainant did not receive any response from the opposite party.
Being aggrieved, the complainant finding no other alternative filed the instant Complaint Case against the opposite parties as they are responsible for deficiency in service.
It transpires from the record that the notices were served upon all the three opposite parties but they did not appear in the case to contest the same. As such the case was fixed ex-parte as against all the opposite parties.
Complainant by filing his evidence in the form of affidavit in chief submitted that being convinced by a local agent of the opposite parties, she invested Rs.35,000/- (Rupees Thirty Five Thousand) only in Fixed Deposit scheme of the opposite parties under the “Sahara E-Shine” on 30.04.2012. The maturity date of the Fixed deposit was on 30.04.2020 and maturity amount of Rs.91,420/- only. The complainant further stated that he applied for refund of maturity amount vide letter dated 17.06.2020. In spite of service of notice upon the opposite parties they did not pay any heed to it. According to the complainant the opposite parties are liable for negligence and deficiency in service for which the complainant sustained monetary loss, harassments and mental agony.
The original certificates of Fixed Deposit under name and style “Sahara E-Shine” filed along with affidavit in chief are marked as Exhibit-1.
On perusal of the evidence on affidavit of the complainant and Exhibit-1 (Original Certificate) under the name and style “Sahara E-Shine” we find that complainant vide Certificate No. 351004913349 Receipt No. 80161891984 deposited a sum of Rs.35,000/- only with the opposite parties with terms and conditions based on certain/specific consumption pattern of “Sahara E-Shine” goods and/or hospitality products.
According to the complainant the maturity amount as per table above on 30.04.2020 was Rs.91,420/- only. After the maturity period the complainant applied for refund of the maturity amount but to no avail. So, opposite parties are liable for negligence and deficiency in service for which the complainant sustained monetary loss, harassments and mental agony.
In view of the above discussion, it is crystal clear that the complainant has been able to pro9ve the case by his un-rebutted and unchallenged evidence. We do not have any hesitation to hold that opposite parties have caused deficiency in service for which the complainant was compelled to file the case.
Therefore, the case of the complainant succeeds.
Hence, it is
O R D E R E D
that the Complaint Case be and the same is allowed ex-parte as against the opposite parties.
The opposite parties are directed to pay jointly and/or severally of Rs.91,420/- (Rupees Ninety One Thousand Four Hundred and Twenty) only within 1 (One) month from the date of communication of this order i.d. to pay the amount along with interest @ 9% per annum from the date of filing of the case i.e. 13.10.2020 till realization of entire amount in favour of Complainant.
Opposite parties are directed to pay jointly and/or severally compensation of Rs.5,000/- (Rupees Five Thousand) only for harassment to the Complainant within 1 (One) month from the date of communication of this order i.d.to pay interest on the said amount @ 6% per annum till the date of realization.
Let a copy of this judgment be supplied to the complainant free of cost.
