J U D G E M E N T

Mr. Sankar Kumar Ghosh, Hon’ble President ─ This consumer complaint under section 24A of C.P. Act, 1986 has been filed by the complainant against the OPs named above alleging deficiency in service on the part of the OPs.

            Complainant’s case, in brief, is as follows: -

That the complainant, Fharida Khatoon invested a sum of Rs.50,000/- only into the company of the Opposite Parties and got 3(three) Fixed Deposit Certificates Vide Nos. (i) 351005661224, Account No. 15854207001, (ii) 351005661225, Account No. 15854207002 and (iii) 351005661226, Account No. 15854207003 on 26/06/2012 and after maturity of said certificate i.e. after 96 months or on 26-06-2020 complainant would get a total redemption value amounting to Rs.1,30,600/- against the said certificates from the OPs.

            That before expiry of the said redemption period i.e. 96 months complainant went to the office of the OP No. 1 to deposit his all original papers and documents including said Certificates for pre-mature withdrawn of his said fixed deposit for his personal reason. Unfortunately OP No. 1 did not receive the same but assured the complainant that after few months they will call the complainant for issuing cheque(s) in his favour. Day after day passed, when OPs could not pay said redemption amount to him after deducting the pre-maturity withdrawn charges as per company rules and regulations of the OPs complainant sent letters on 15/10/2019 through speed post to the OPs with the request to pay total redemption amount of Rs.1,30,600/- only of the said Certificates after deducting pre-mature withdrawn charges as per rules and regulations of the OPs as the said money is required for personal reason but till today OPs neither gave any reply nor pay any single amount to the complainant and as such, Opposite Parties by mal-activities harassed the complainant.

Under the above circumstances, the complainant compelled to file this case before this Ld. Commission and praying for pay the redemption amount of Rs.1,30,600/- only as per the said Certificates along with interest from the date of application for pre-mature withdrawn till realization of said amount after deducting the pre-mature withdrawn charges as per rules and regulations of the OPs, compensation amounting to Rs.1,00,000/- for mental harassment and Litigation Cost/any other relief(s).

            OPs have filed the W/V denying all material allegations and contented inter alia that: -

            The instant case is not maintainable according to law or in fact and for non submission of documents as well as KYC complainant is not entitled to get any relief and as such, OPs have prayed for dismissal of the present case with costs.

POINT FOR DECISION

Is the complainant entitled to get reliefs as prayed for?

DECISION WITH REASONS

            To prove her case, the complainant has tendered his written examination-in-chief supported by affidavit in evidence and she has also filed all relevant documents in support of her case.

We have gone through the said evidence of the complainant and the documents filed by her in connection with her Fixed Deposit Certificates.

It appears that in her evidence, the complainant has fully corroborated her case as incorporated in the petition of complaint and the documents filed by her also lent support to the case of the complainant. So, in view of the said evidence of the complainant and the documents filed by her, remaining un-challenged, it is held that the complainant’s case is proved and she is entitled to get the reliefs as sought for.

            Hence, it is,

O R D E R E D

            That the Complaint Case No. 342 of 2019 be and the same is allowed on contest against the OPs with costs.

            OPs are directed to pay complainant’s redemption amount of Rs.1,30,600/- only against the said certificates along with interest from the date of application for pre-mature withdrawn till realization of said amount after deducting pre-mature withdrawn charges as per rules and regulations of the OPs within 30(thirty) days from the date of this order.

            OPs are also hereby directed to pay compensation of Rs.15,000/- (Rupees fifteen thousand) and also pay Rs.4,000/- (Rupees four thousand) to the complainant as litigation cost within 30(thirty) days from the date of this order.

            Let a copy of this order be given to the complainant free of cost.

Dictated & Corrected by me

 (Mr. Sankar Kumar Ghosh)

President, DCDRC, Howrah