The brief fact of the case is that the complainant deposited Rs.54,450/- (Rupees Fifty Four Thousand Four Hundred and Fifty) only as fixed deposit with the opposite party. The opposite party issued 1 (one) certificate as mentioned below :-
Sl. No. | Certificate No. | Account No. | Deposited on | Date of Maturity | Amount deposited Rs. | Maturity amount Rs. |
1. | 438000267018 | 15847400452 | 23.05.2018 | 23.05.2020 | 54,450/- | 68,302/- |
2 | 438000267018 | 15847400452 | 23.05.2018 | 23.05.2020 | 88,808/- | 88,808/- |
| | | | Total | 1,43,258/- | 1,57,110/- |
After the date of maturity, the complainant vide letter dated 23.02.2022 demanded for refund of maturity amount. Since the opposite party did not care to refund the maturity value, the complainant filed the instant case with the following prayers.
- To direct opposite party to refund the maturity value of six certificates amounting Rs.54,450/- (Rupees Fifty Four Thousand Four Hundred Fifty) only.
- To direct opposite party to pay compensation Rs. 50,000/- (Rupees Fifty Thousand) only for harassment and mental agony.
- To direct opposite party to pay litigation cost Rs. 10,000/- (Rupees Ten Thousand) only.
To pass such order or orders as your Honour may deem fit and proper.
In spite of service of notice, the opposite party deliberately not appeared in the case to contest the same. Resultantly the instant case is proceeded ex-parte against the opposite party.
Complainant has filed affidavit in chief in support of his claim along with two original certificates which are marked as Ext. 1 and Ext. 1(a). The certificate numbers are identical in both Ext. 1 and Ext. 1(a).
Ext. 1 reveals that the complainant deposited Rs.54,450/- (Rupees Fifty Four Thousand Four Hundred Fifty) only one certificate bearing no. 438000267018. The maturity amount has been mentioned as Rs.68,302/- (Rupees Sixty Eight Thousand Three Hundred Two) only in one certificate.
It is mentioned in Ext. 1(a), on the basis of participation in the activities as per objects of society and various other factors member can further accumulate maximum upto 888 Joining Points which would approximately be an amount to Rs.88,808/- (Rupees Eighty Eight Thousand Eight Hundred Eight) only depending upon the various factors at the time of redemption. Therefore, this amount cannot be taken into consideration.
The Certificate under Golden 24 scheme was taken on 23.05.2018 and the maturity date was 23.05.2020. Therefore the cause of action arose against the opposite party is on 23.05.2020. Moreover, though in affidavit in chief the complainant stated that on several occasions he demanded the maturity amount and ultimately sent a letter dated 21.04.2022 to opposite party demanding maturity amount but no such letter dated 21.04.2022 or proof of service of alleged letter dated 21.04.2022 had been produced in evidence by the complainant. There is absolutely no evidence on record in proof that the opposite party has refused to disburse the maturity amount of Ext. 1 in favour of the complainant. We do not find any evidence on record to ascertain that the complainant after maturity date of Ext. 1, demanded the amount from opposite party or the opposite party has refuted to disburse the maturity amount of the certificate in favour of the complainant. That apart, we find the complaint has not filed within two years from the date on which the cause of action has arisen i.e. 23.05.2020. The complainant has not cited any reason for not filing the complaint within the period of limitation.
Therefore, it is apparent on the face of the record that there is no cause of action to file the case and the complaint is barred by limitation in terms of section 69 of the Consumer Protection Act, 2019.
Hence, it is
O R D E R E D
that the case be and the same is dismissed without cost.
