J U D G E M E N T
Subir Kumar Dass, Member – This consumer complaint under section 35 of the C.P. Act, 2019 has been filed by the complainant-Amar Kumar Jaiswal against the O.ps. named above, alleging deficiency in service on the part of the O.ps.
Complainant’s case, in brief, is as follows:-
On 19/09/2018 & 14/12/2018 the complainant invested a sum of Rs.1,43,000/- in 11(eleven) fixed deposit schemes of the O.ps. vide a/c no.15857205947, 15857207945, 15857207946, 15857207947, 15857207948, 15857207949, 15857207950, 15857207951, 15857207953, 15857207954 & 15857207956 and as per the said scheme, the complainant was entitled to get Rs.1,66,349/- as redemption value of the said certificate after expiry of 18 months on 19/03/2020 & 14/06/2020.
After expiry of the said redemption period, the complainant met the O.p. no.1 to deposit his all original papers and documents to the O.p. no.1 and the O.p. no.1 did not received his papers but assure the complainant that after few months they will issue cheque in favour of the complainant.
On 15/10/2020 the complainant sent a letter to the O.ps. and requested them to pay his total redemption amount of Rs.1,66,349/- after expiry of the period i.e. 18 months but the O.ps. neither gave any reply to the complainant nor they paid him any amount. Hence the complaint, praying for directing the O.ps. to pay the complainant said redemption amount of Rs.1,66,349/- and for an order of compensation and cost.
After receipt of notice of this case, O.ps. appeared and filed written version. Thereafter, since the date of filing questionnaire against the evidence of the complainant, the O.ps. did not appear for which the case was ordered to be heard ex-parte against the O.ps. Hence the ex-parte hearing.
POINT FOR DECISION
Is the complainant entitled to get the reliefs, as prayed for?
DECISION WITH REASONS
To prove his case, the complainant has tendered his written examination-in-chief supported by affidavit in evidence and he has also filed all relevant documents relating to his case.
In his evidence, the complainant has fully corroborated his case of the complaint and the documents filed by him also lend support to the case of the complainant. So in view of the said evidence of the complainant and the documents filed by him, remaining unchallenged, we hold that the complainant’s case is proved and he is entitled to get the reliefs, as prayed for.
Hence,
it is,
O R D E R E D
that the complaint case no.237/2020 is allowed ex-parte with cost against both the O.ps.
O.ps. are directed to pay jointly and severally to the complainant the redemption amount of Rs.1,66,349/- alongwith simple interest @9% per annum with effect from the date of filing this complaint till realization.
O.ps. are further directed to pay Rs.10,000/- as compensation and Rs.5,000/- as litigation cost to the complainant.
All such payment shall be made within 2(two) months from the date this order.
Let copy of this order be given to the complainant free of cost.
Complainant may take this order in execution after expiry of above period and the time period for filing appeal.
Dictated & Corrected by me
(Mr. Subir Kumar Dass)
Member, D.C.D.R.C., Howrah