According to the instant petition of complaint, the complainant deposited Rs.100000.00 on 31.10.2012 in fixed deposit scheme of Rs.100000.00 -GIFT-12M- for 1 year of the OP company -NVD Solar Ltd.- through Tamluk Branch -OP2- under the said NVD Solar Ltd. The complainant received the policy certificate bearing no. SGS0027463 of the Op 1 through the OP2. After maturity of the said policy -fixed deposit- on 30.10.2013, the OP1 handed over a Cheque drawn on Axis Bank Ltd., Salt Lake Sector-III Branch being no. 607436 dtd. 30.10.2013 for the sum of Rs.112500.00 to the petitioner/complainant through the OP2. The complainant deposited the said Cheque to his banker UCO Bank, Mecheda Branch on 31.10.2013 for encashment, but the said Cheque was bounced due to -funds insufficient- by Axis Bank Ltd., Tamluk Branch. Thereafter, on being informed by the complainant to the OP2, the OP2 then assured the complainant that they must be disbursed the said amount of Cheque after 10.12.2013. The complainant then deposited the said Cheque to UCO Bank, Mecheda Branch for encashment on 20.01.2014 and the said UCO Bank deposited the said Cheque to Axis Bank, Tamluk Branch for collection, but the said Cheque was again dishonoured with information by the said Axis Bank, Tamluk Branch due to funds insufficient-.
The said OPs did not disburse the said amount of Rs.112500.00 with regard to the said fixed deposit policy, in despite of lawyer-s notice dtd. 01.02.2014 to the OPs and also request for several time causing mental pain and agony and loss to the petitioner, hence the instant case.
Notices were issued against the OPs, Both the OPs did not appear to contest the case inspite of service of notice upon them, for which the instant case was heard exparte.
The complainant has filed the following documents-
- Money receipt being no. MR-26121031813743 for Rs.100010.00 dtd. 31.10.2012 original.
- Written information dtd. 13.05.2013 for sending a Cheque bearing no. 607436 for Rs.112500.00 to the complainant -payment reference original.
- Cheque of Axis Bank Ltd. Salt Lake for Rs.112500.00 being no. 607436 dtd. 30.10.2013 in the name of Manas Jana original.
- Cheque return memo dtd. 31.10.2013 of Axis Bank Ltd., Tamluk Branch original.
- Information in writing dtd. 06.12.2013 of Op1 from website -photocopy-.
- Return memo of Axis Bank Ltd., Tamluk Branch dtd. 21.01.2014 -original-
- Copies of Advocate 2 notices dtd. 01.02.2014 of the complainant to OPs. etc.
Point for determination
- Whether the complainant is entitled to any relief.
Decisions with reasons
Point no. 1
We have heard the ld Advocate appearing on behalf of the complainant with regard to exparte hearing of the case.
We have carefully gone through the petition of complaint supported by affidavit and all the documents filed on record as per list on behalf of the complainant as mentioned above.
Considered the submissions of the ld. Advocate for the complainant.
On careful consideration of the entire averments made in the complaint as also the documents mentioned above, we find that the OPs received the sum of Rs.100010.00 from the complainant on 31.10.2012 with regard to fixed deposit GIFT Scheme -12M- for 12 months, that after maturity of the said fixed deposit scheme the OP1 sent one Cheque of Axis Bank Ltd. for Rs.112500.00 dtd. 30.10.2013 but the same was dishonoured for insufficient fund while the complainant deposited it for encashment and that after getting information from the complainant for dishonour of the said Cheque, the OP1 gave assurance to the complainant for disbursement of the said Cheque after 10.12.2013 and that the said cheque again was dishonoured on 21.01.2014 by the said Axis Bank Tamluk Branch while it was further deposited by the complainant for encashment on 20.01.2014 through his Banker UCO Bank and that the OPs did not disburse the said amount even after receiving the complainant-s Advocate notice and further request.
In our considered view, such illegal action on the part of the OPs for non-disbursement of the said amount of Rs.112500.00 through Cheque in question to the complainant is nothing but clear deficiency in service. Therefore, the complainant is entitled to get relief from the OPs towards disbursement of claim amount of Rs.112500.00, compensation for causing mental agony and harassment and litigation cost.
Hence, it is, ORDERED
that the instant case being no CC-10-2014 be and the same is allowed on exparte against the OPs with cost. Both the OP1 and OP2 are directed severally and jointly to pay the claim amount of Rs.112500.00 together with compensation of Rs.10000.00 and litigation cost of Rs.2000.00 to the complainant within 40 days from the date of communication of thisorder, in default, the complainant shall have liberty to execute this order according to law, in which case the OPs are liable to pay interest at the rate of 8percent p.a. accrued over the above total awarded amount till realisation of the above total amount from the date of communication of this order.
