Ld. Advocate(s)

          For Complainant    .. Mukbul Rahaman

           For OP/OPs      .. Golam Asique & Nabanita Kar

Date of Filing           : 30.11.2018

Date of Disposal      : 29.03.2019

:    JUDGMENT & ORDER  dtd. 29.03.2019   :        

Nonpayment of the maturity value of six 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 six Fixed Deposit Certificates bearing numbers 705 000546562 and 705 000546563 for the period of 1 year issued on 30.09.2016,  925 000494749 for the Period of 18 months issued on 31.08.2016,  705 001037647 for the period of 1 year issued on 20.12.2016, 705 001037673 for the period of 1 year issued on 21.12.2016 and 304 001659226 issued on 21.08.2014 with the OP No. 1. During the period according to the scheme, the complainant had deposited in total Rs. 10,000/- + Rs.13,000/- + Rs.10,000/- + Rs.5,000/- + Rs.7,000/- + Rs.10,000/-  = Rs.55,000/- for the six certificates.  According to the condition of the F.D. Scheme, the complainant is entitled to get the maturity amount of Rs. 10,900/- + Rs.14,170/- + Rs.11,630/- + Rs.5,450/- + Rs.7,630/- + Rs.10,000/-  = Rs.59,780/- + 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.59,780/- + up to date interest as per norms of the OPs, a compensation of Rs. 50,000/- for harassment and mental agony and litigation cost of Rs. 20,000/-.

After receiving the notice, OP No. 1, one Amal Kumar Dawn on behalf of the Sahara India Parivar appeared before this Forum several times and filed a written version through his Ld. Lawyer on the ground stated therein.  Thereafter he never came to this Forum.  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.59,780/- 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. 59,780/- + up-to-date interest to the complainant as per norms of the OPs within 30 days from the date of this order, failing which an interest @ 10% p.a. shall be imposed on the total amount up to the date of this order.  A compensation of Rs. 20,000/- for harassment and mental agony and litigation cost of Rs. 5,000/- 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