Date of filing : 30.08.2018.
Decided on : 12.07.2019.
J U D G E M E N T
Bibakananda Pramanik, President – This consumer complaint under section 12 of the C.P. Act, 1986 has been filed by the complainant-Chandrawati Devi 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:-
Complainant’s case in a nut-shell in that on 23/03/2012 the complainant opened a recurring deposit account vide a/c no.15854203984 under scheme of the O.ps. for a tenure of 60 (sixty) months of which the mode of payment was for monthly installment @Rs.300/- per month and as per the scheme of said investment, after expiry of said tenure of 60 months, the complainant will get redemption value of Rs.23,310/- from the O.ps. The complainant paid 58 consecutive monthly installment upto 13/12/2016 and paid total amount of Rs.17,400/- (Rs.300 x 58). After expiry of said tenure of 60 months, the complainant asked the O.ps. to issue a cheque in her favour towards such redemption value after deduction of the penalty charges for not depositing last 2(two) monthly installments but the O.ps. did not refund any single amount to her. Hence the complaint, praying for directing the O.ps. to pay redemption amount of Rs.23,310/- after deducting the amount for not depositing last 2(two) installment @Rs.300/- per month with interest and for an order of compensation and cost.
After receipt of notice of this case, O.ps. appeared and filed written version. Thereafter on the date of filing questionnaire against the evidence of the complainant, 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 her case, the complainant has tendered her written examination-in-chief supported by affidavit in evidence and she has also filed all relevant documents relating to her case.
In her evidence the complainant has fully corroborated her case of the complaint and the documents, filed by her also lend support to the case of the complainant. So in view of the said evidence of the complainant and the documents filed by her, remaining unchallenged, we are constrained to hold that the complainant’s case is proved and she is entitled to get the reliefs, as prayed for.
Hence,
it is,
O R D E R E D
that the complaint case no.324/2018 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.23,310/- after deducting the penalty charges for not depositing last two months installment alongwith simple interest @6% per annum with effect from the date of filing of this complaint till realization. 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 this order i.d. the complainant will be at liberty to put this order in execution.
Let a plain copy of this order be given to the complainant free of cost.
Dictated & corrected by me.
Bibakananda Pramanik,
President, D.C.D.R.F.,
Howrah.