Ld. Advocate(s)

          For Complainant   .. Subhasis Roy

          For OP/OPs     .. Safikul Alam

Date of Filing           : 03.07.2018

Date of Disposal      : 28.02.2019

:    JUDGMENT & ORDER  dtd. 28.02.2019   :        

Nonpayment of the maturity value of three Fixed Deposit Certificates of the depositor herein, the complainant has obliged him to lodge this complaint u/s 12 of the C.P. Act 1986 for redressal.

The brief fact of the case is that the complainant had three Fixed Deposit Certificates bearing numbers 925003004142, 925003004143 and 925003004144 with the OP No.1 for the period from 30.09.2016 to 30.03.2018 i.e., for 18 months.  During the period according to the scheme, the complainant had deposited in total Rs.10,000/- + Rs.10,000/- + Rs.10,000/- = Rs.30,000/-. According to the condition of the F.D. Scheme, the complainant is entitled to get refund total deposited money of Rs. 11,630/- + Rs. 11,630/- + Rs. 11,630/- = Rs. 34,890/- + up to date interest as per norms of the OPs. The complainant has made claim as per rule but no payment has been made by the OPs.  The complainant in his averment had prayed for directing the OPs to refund of Rs. 34,890/- + up to date interest as per norms of the OPs, a compensation of Rs. 50,000/- for unfair trade practice and cost of the suit.

On the other hand, the OP one Suman Rakshit appeared on behalf of Sahara India Pariwar before this Forum several times and filed a W.V. on the ground stated therein which is kept in the record.  He also verbally submitted that the OPs are not in a position to make payment to the complainant.

On argument the Ld. Lawyer for the complainant argued that he had submitted proper demand notice but the OPs gave no reply. 

From the above discussion and as per original documents which are in the record, it is clear that the complainant is entitled to get the maturity amount of Rs.34,890/-  together with up-to-date interest as per norms of the OPs.  It is the deficiency in service on the part of the OPs not to make payment of the maturity amount in time.  The complainant is not responsible for the internal disturbance of the OPs.

Hence, it is

                                                              O R D E R E D,

That the OPs are hereby directed to refund of Rs. 34,890/- together with interest as per norms of the OPs to the complainant within 30 days from the date of this order, failing which, an interest @ 10% p.a. shall be imposed on the total awarded amount up to the date of this order.  A compensation of Rs.6,000/- for unfair trade practice and a litigation cost of Rs. 3000/- are to be paid to the complainant by the OPs within 30 days from the date of this order.

The case be and the same succeeds on contest against the OPs. 

            Let a plain copy of this judgment be supplied to the parties forthwith free of cost.