Shri Swapan Kumar Mohanty, President
This is an application U/s 12 of the C.P.Act,1986.
The facts of the case as per the Complainant are that on 28,07.2012 she invested Rs.11,200/- to the OP-2 on a Fixed Deposit Scheme and said deposit matured on February, 2918. Complainant had been to the office of the OP-2 on several occasions for completing the paper works of the maturity claim but every occasion the Manager did not co-operate her. Ultimately on 21.03.2018 OP-2 refused to pay matured amount of Fixed Deposit on the ground that they have no fund to pay now since they are running out of fund due to Court Case. Alleging deficiency on the part of the OPs, Complainant filed the instant complaint.
In spite of service of notices OPs did not turn up to contest the case. As such, the case is heard ex parte against them.
DECISION WITH REASONS
Upon perusal of the complaint coupled with the evidence on record including photocopy of money receipt, it appears that the Complainant invested Rs.11,200/- to the OP-2 and its maturity date was 15.02.2018. As per the complaint, she had been to
the office of OPs to submit claim but every occasion OPs refused to pay the matured amount of Fixed Deposit on the ground of shortage of fund. The OPs are fully aware
that they are liable to pay the matured amount of the Fixed Deposit to the Complainant on its maturity date. It indicates that the OPs have adopted unfair trade practice, and in fact withhold the maturity amount which no doubt adopted deceitful manner of trade and by that act Complainant did not get back the matured amount. Complainant repeatedly had been to the office of the OPs but OPs were reluctant to pay the matured amount.
From the facts and circumstances of the case, it is, therefore, evident that the allegation of the Complainant is established from record. In the given facts of the case, it is abundantly clear that the Complainant is entitled to relief as prayed for.
In the result, the case merit succeeds.
Hence,
ORDERED
That the complaint case be and the same is allowed ex parte against the OPs with litigation cost of Rs.2,000/-.
OPs are directed to refund the matured amount of Rs.25,000/- against Fixed Deposit Receipt and shall have to pay compensation of Rs.3,000/- to the Complainant within 60 days from the date of this order.
OPs are directed to comply the order strictly, within the stipulated period in default, liberty be given to the Complainant to put the order in execution.