Ld. Advocate(s)

                        For Complainant: Pritha Mondal

                        For OP/OPs : None

Date of filing of the case                :28.08.2020

Date of Disposal  of the case         : 01.06.2023

Final Order / Judgment dtd.01.06.2023

This is a case under section 12 of the Consumer Protection act 1986 filed by the aforesaid complainant against the aforesaid opposite parties praying for refund of Rs. 9,88,550/-, interest for the further period, compensation and litigation cost.

Complainant stated in the complaint that he deposited total sum of Rs.8,50,000/-  before the office of OP no.2 under “SAHARA.A.SELECT” scheme and  seventeen  documents were  prepared by OP no.2 to that effect and handed over the same to him.

 But after maturity date OP no.2 expressed that he is unable to give the maturity value.

Thereafter he served a notice to the OP no.2 through his Ld. Adv but he did not get any fruitful result. Hence he lodged this complaint before this Commission praying for appropriate relief and redressal.

After admission  of the aforesaid  complaint,  notices were  issued upon the OPs but neither the OPs nor their representative /representatives came  forward before this  Commission to  contest  this  complaint  case, hence  the instant case has fixed for ex-parte hearing.

During Ex-parte hearing of this case, complainant produced some original documents including i.e the 17 deposit certificates relating to aforesaid deposits dtd. 27.06.2016 vide no.925001353823 to 925001353839.

Ld. Adv. for the complainant submitted Affidavit – in – Chief which is unchallenged testimony and brief notes of argument. He also made verbal submission.

We have carefully gone through the aforesaid documents. No doubt regarding genuineness of these documents appeared before us and we think that these documents should be considered.

DECISION WITH REASONS

It is the case of the complainant that on 27.06.2016 he deposited total amount of Rs. 850,000/- before the office of OP no.1 in the “SAHARA.A.SELECT” Scheme and after lapse of maturity date i.e 27.12.2017 he wanted the maturity value and he went before the office of OP for the said purpose but OP expressed his inability to refund the matured value.

During hearing Ld. Advocate for the complainant argued that in such a situation he issued a notice to the  OP no. 2  requesting  him to repay the maturity value  of the said deposit  but said notice  did not  return before him within a reasonable  period  which compelled him to believe that said notices  has been properly served upon  OP no.2.

We also find from the documents on record that OP no.2 is the representative of OP no. 2. We also find that complainant is the consumer under the OPs within the purview of C.P.Act 1986 and subject matter of the complaint is under the jurisdiction of this commission. We also find that cause of action of this case has arisen on 27.12.2017  and complainant has filed this case on 28.08.2020 i.e within the period of limitation.

Considering the materials on record and in view of the aforesaid discussion we do not find any reason to disbelieve the aforesaid contention of the complainant. So we are of the opinion that complainant deposited the aforesaid sum before the OPs but they avoided to return the maturity value to the complainant. So it is held that OPs have jointly or severally and willfully neglected to return the maturity value of aforesaid fixed deposits to the complainant.

So we are  of the further view that complainant  has able to established his grievance against the OPs before this Commission which amounts to deficiency in services on the part of OPs under the purview of C.P.Act 1986.

Accordingly we are of the opinion that complainant is entitled to relief as per his prayer.

In the result petition of the complainant succeeds.

Hence, it is

ORDERED,

That the present case be and the same is allowed ex-parte against the OP no. 1-3, with cost of Rs. 3,000/- to be paid by OP no. 1-3 in favour of the complainants.

That the OPs no 1-3 jointly or severally are hereby directed to refund the maturity value of the aforesaid fixed deposits amounting to Rs.9,88,550/- (Nine lakh  eighty eight thousand  five hundred fifty  only ) along with further  interests @ 9 % per annum from the date of maturity of the said fixed deposits i.e from 27.12.2017  to till the actual  date of repayment to the complainant.

       OP no. 1-2 are further directed to pay compensation amounting

Rs.3,000/-  to the complainant for  his  harassment, mental pain and agony.

OP no. 1-2 are further directed to pay Rs.3,000/- as litigation cost to the Complainant.

OPno.1-2 are further directed to pay aforesaid awarded amount within 30 days from this date of order to the complainant,  failing which  the complainant shall have liberty to put this order into execution.

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

Dictated & corrected by me

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                PRESIDENT

 (Shri   DAMAN PROSAD BISWAS,)

                                                                                                               PRESIDENT

                                                                                           (Shri   DAMAN PROSAD BISWAS,)              

I  concur,

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            MEMBER                                                                                                                                                                                                                   

(NIROD  BARAN   ROY  CHOWDHURY  )