Date of filing : 28.02.2019                                                                     

Date of Judgment: 24.11.2021

Mrs. Sashi Kala Basu, Hon’ble President.

This consumer complaint is filed by the complainants namely Dipali Ghosh and Sweta Dutta Banik , under Section 12 of the C.P Act , 1986 against the opposite party  ( referred to as O.P hereinafter) namely Teacher’s Welfare Credit & Holding Limited, alleging deficiency in service on its part.

The case of the complainants, in short, is that complainant no.1 and her husband namely Sushil Kumar Ghosh (Since deceased) deposited jointly a sum of Rs.1 lac in MIS Account with interest @9% p.a on 21.5.2015 with the O.P which is a non-banking company registered under the Companies Act 1956 and being represented by its Managing Director namely Swapan Kumar Ghosh. Complainant no.1 further deposited a sum of Rs. 2 lac in MIS account with interest  @9% p.a on 20.5.2015 and also a sum of Rs. 1,50,000/- in an MIS Account for 36 months with interest @9% p.a on 15.5.2015. Sushil Kumar Ghosh died on 25.9.2017 leaving behind complainant no.1 as his widow and complainant no.2 as his daughter . All the 3 MIS Accounts were to be matured on 21.5.2018, 20.5.2018 and 15.5.2018 respectively and the matured amounts payable was Rs. 1 lac, Rs.2 lac and Rs. 1,50,000/- respectively. The MIS deposit Accounts being no.HNS/34242/15/36, BNS/34241/15/36 and being no. BNS/34237/15/36. O.P is a non-banking company registered under the Company’s Act. On maturity of the said fixed deposits when the complainants  visited the office of the O.P and asked for maturity amount, they were asked to deposit their FD Certificate in original with the said Director namely Swapan Kumar Ghosh.  But no payment was made by the O.P inspite of the repeated visits by the complainants. So, the complaint has been filed by the complainants praying for directing the O.P to pay the maturity amounts of Rs. 1 lac, Rs.2 lac and Rs.1,50,000/- totalling to Rs.4,50,000/- along with interest @9% p.a , to pay Rs.30,000/- as compensation and Rs.20,000/- as litigation cost.

The complainants have filed copy of the death certificate regarding the death of Sushil Kumar Ghosh , receipt issued by the O.P and copies of their respective Aadhar Cards.

The O.P has contested the case by filing written version denying and disputing the allegations.  However, it is specifically contended that the O.P offered to the complainant to make payment by instalments. But the complainants did not agree with the proposal. The O.P is ready and willing to refund the invested amount but unable to pay the same as the bank account of the O.P has been seized by the Directorate of Economic Offence.

So, the only point requires determination whether the complainant is entitled to the relief as prayed.

 Decision with reasons

                In support of their claim as referred to above that the complainants have filed receipts being no.34242 in respect of the account no. HNS/34242/15/36, Receipt no.34241 in respect of account no.BNS/34241/15/36 and Receipt no. 34237 in respect of account no.BNS/34237/15/36 issued by the O.P company represented by its Director named therein. The receipts were issued in the name of Sushil Kumar Ghosh (since deceased) and Dipali Ghosh on deposit of an amount of Rs.1,00,000/- for 36 months with interest @9% p.a . The said deposit was made on 21.05.2015 and it was to be refunded on 21.5.2018. The other two receipts being no.34241 and 34237 stand in the name of complainant Dipali Ghosh only in respect of amount deposited of Rs.2 Lac on 20.05.2015 for 36 months with interest @9% p.a and sum of Rs.1,50,000/- for 36 month with interest @9% p.a on 15.05.2015. It is evident from these receipts that they were to be matured on 20.05.2018 and on 15.05.2018 respectively.  It is apparent from the written version filed by the O.P that the deposit of the said amount with the O.P and issuance of the certificate by the O.P has not been denied and disputed. It is specifically stated in the written version that they never denied to make the payment and had offered to the complainants to make the payment by instalments. But the complainants did not agree and the O.P is always ready and willing to refund the invested amount to the complainant. If that be so, then since admittedly the said amount deposited by the complainant Dipali Ghosh and predecessor in interest of the complainants namely Sushil Kumar Ghosh  have not been paid , the complainants are entitled to refund of the maturity amount as mentioned in the receipt issued by the O.P. Copy of the death certificate has been filed by the complainant showing the death of the said Sushil Kumar Ghosh  on 21.1.2016. So, complainants are entitled to the matured amount of Rs.1 lac along with interest @9% p.a and complainant Dipali Ghosh is entitled to  sum of Rs.2 lac and Rs.1,50,000/- respectively along with interest @9% p.a. However, since interest is allowed, we find no justification to pass an order of compensation as prayed for.

Hence,

                 ORDERED

that  CC/125/2019  be and the same is allowed on contest against the O.P.

The O.P is directed to pay Rs. 1,00,000/- to the complainants and Rs. 2,00,000/- and Rs. 1,50,000/- to the complainant Dipali Ghosh together with interest @9% p.a from the date as agreed in the certificate to till this date within 2 months from this date.

The O.P is further directed to pay Rs.8000/- as litigation cost within the aforesaid period of 2 months. In default of payment the entire sum shall carry interest @9% p.a till realisation.

Complainant shall hand over the original receipts/certificates to the O.P on payment of the sum.