Date of filing : 20.03.2019.
Decided on : 04.02.2020.
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 Binod Kumar Tewari 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 30/04/2012, the complainant invested a sum of Rs.35,000/- in two fixed deposit certificates with the O.ps. for a period of 96 months and as per terms of the said two certificates, the details of which has been mentioned in paragraph 1 of the petition of complaint, the complainant would get Rs.91,420/- towards redemption value of such investment after expiry of 96 months. Before expiry of the redemption period, the complainant requested the O.p. no.1 for pre-mature withdrawal of his investment but the O.ps. did not pay the said amount to the complainant. Hence the complaint, praying for directing the O.ps. to pay to the complainant the redemption amount of Rs.91,420/- after deducting the penalty charge for pre-mature withdrawal and for an order of compensation and cost.
O.ps. appeared in this case and prayed for time for filing w.v. Thereafter 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 in support of his case.
We have gone through the said evidence of the complainant and the documents filed by him.
It appears that 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 and the documents filed by him, remaining un-challenged, it is held that the complainant’s case is proved and he is entitled to get the reliefs as sought for.
Hence,
it is,
O R D E R E D
that the complaint case no.87/2019 is allowed ex-parte with cost against the O.ps. O.ps. are directed to pay to the complainant the redemption amount of Rs.91,420/- after deducting charges for pre-mature withdrawal as per terms and condition of the scheme together with interest @6% per annum from the date of filing of this complaint till payment.
O.ps. are further directed to pay Rs.5,000/- as compensation and Rs.3,000/- as litigation cost to the complainant.
All such payment shall be made within 2(two) months from this date of order.
Let plain copy of this order be given to the complainant free of cost.
Dictated and corrected by me.
(Bibekananda Pramanik)
President, D.C.D.R.F.,
Howrah.