Dated. 14.10.2022
JUDGMENT
The record is taken up for passing ex-parte judgment.
The case of the complainant in a nutshell is that he deposited a sum of Rs. 11,462/- (Rupees Eleven Thousand Four Hundred Sixty Two) only with the opposite party No. 1 in fixed deposit scheme on 23.03.2018 being certificate No. 787002475539, account No. 15847201475 for a period of 18 months under the terms and condition of the scheme with maturity date on 23.09.2019 and maturity amount of Rs. 13,422/-(Rupees thirteen thousand four hundred twenty two) only. It is the further case of the complainant that after maturity of the fixed deposit the opposite party No. 1 has failed and neglected to pay the maturity amount to the complainant in spite of repeated demands. Therefore, being aggrieved the complainant finding no other alternative for the instant complaint case against the opposite parties as they are responsible for deficiency in service.
It transpires from the record after services of notice, the opposite parities appeared and filed written version in this case. After filing written version the opposite party did not appear in the case and ultimately the case was fixed for ex-parte hearing.
The complainant by filing his evidence in the form of affidavit in chief submitted that he deposited Rs. 11,462/- (Rupees eleven thousand four hundred sixty two) only with the opposite parties in fixed deposit scheme being certificate No. 787002475539, account No. 15847201475 dated 23.03.2018 for the period of 18 months being its maturity date on 23.09.2019 and maturity amount or Rs. 13,422/-(Rupees thirteen thousand four hundred twenty two) only. The original fixed deposit certificate is exhibit-1. According to the complainant in spite of repeated demands the opposite party No. 1 has not disbursed the maturity amount in his favour on maturity of the fixed deposit. Therefore, the opposite parties are liable for deficiency of service and causing harassment, mental agony and monetary loss to the complainant.
The opposite parties appeared through their Advocate and filed written version on 28/01/2020. Thereafter, the complainant had filed affidavit in chief. Though several dates were fixed but the opposite parties have not filed any questionnaire to cross-examine the complainant, neither the opposite parties took any steps for submitting evidence in the case. So, the case was fixed for ex-parte hearing as against the opposite parties.
In written version the opposite parties denied the claim of the complainant.
The complainant has proved his case by his un-rebutted evidence and exhibit 1 as such the complainant is entitled to get relief as prayed for.
Hence, it is
ORDERED
That the Complaint Case be and the same is allowed ex-parte as against all the opposite parties.
Opposite Parties are directed to pay jointly and/or severally of Rs. 13,422/-(Rupees thirteen thousand four hundred twenty two) only along with interest @ 12% per annum from the date of filing of the case i.e. 18.12.2019 till realization of entire amount in favour of Complainant within 1 (One) month from the date of communication of this order.
Opposite Parties are directed to pay jointly and/or severally compensation of Rs.10,000/- (Rupees Ten Thousand) only for harassment to the Complainant within 1 (One) month from the date of communication of this order.
Let a copy of this judgement be supplied to the complainant free of cost.
