Date of filing : 11.01.2019.
Decided on : 31.05.2019.
J U D G E M E N T
Bibekananda Pramanik, President – This consumer complaint under section 12 of the C.P. Act, 1986 has been filed by the complainant-Bimal Kumar Daga against the above named O.ps. alleging deficiency in service on the part of the O.ps.
Complainant’s case, in brief, is as follows :-
The complainant opened a Recurring Deposit Account vide account no. 15854803547 under the scheme of the opposite parties on 12/08/2013 for a tenure of 60 months of which the mode of payment was for monthly installment @Rs.1,300/- per month. As per the terms of said investment in such account, the complainant after expiry of the said tenure of 60 months would get the redemption value of said investment of Rs.101010/- from the O.ps. Thereafter the complainant paid 41 consecutive monthly installment up to 31/12/2016 total amounting to Rs.53,300/- out of said 60 monthly installment to the opposite parties. After expiry of 60 months, the complainant asked the O.ps. to pay the redemption amount of the said RD account as per installment paid by him after deducting the penalty charges for not depositing last 19 monthly installments. The complainant also sent a letter by registered post to the O.ps. on 10/12/2018 requesting them to refund him the said redemption amount but the O.ps. failed and neglected to pay the said amount. Hence the complaint, praying for directing the O.ps. to pay redemption amount of Rs.101010/- after deducting the amount for not depositing last 19 monthly installment of Rs.24,700/- (1300 x 19) with interest and for an order of compensation and cost.
O.ps. entered appearance in this case after receipt of notice and prayed for time for payment. Thereafter the O.ps. did not appear and they also did not file w.v. 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 petition of 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, remaining unchallenged, it is held 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.12/2019 is allowed ex-parte against both the O.ps. O.ps. are jointly and severally directed to pay to the complainant the redemption value of Rs.101010/- after deducting Rs.24,700/- for not depositing 19 monthly installment @Rs.1,300/- per month alongwith simple interest @6% per annum with effect from 12/08/2018 till realization and they are further directed to pay to the complainant a sum of Rs.10,000/- as compensation and Rs.5,000/- as litigation cost.
All such payment shall be made within two months from this date of order.
Let plain copy of this order be given to the complainant free of cost.
Dictated & corrected by me.
(Bibenakanda Pramanik)
President, D.C.D.R.F.,
Howrah.