Date of filing : 17.09.2018.
Decided on : 26.04.2019.
J U D G E M E N T
Sajal Kanti Jana, Member – This consumer complaint under section 12 of the C.P. Act, 1986 has been filed by the complainant Nilam Choraria against the O.ps. named, above, alleging deficiency in service on their part.
Complainants’ case, in brief, is as follows :-
On 23/03/2012, the complainant deposited Rs.1,00,000/- in the fixed deposit scheme of the O.p. vide F.D. certificate no.351004952887 and account no.15854204047. In terms of the said certificate, the complainant is entitled to get Rs.2,61,200/- after expiry of 96(ninety six) months i.e. 23/03/2020. Before expiry of 96 months, the complainant requested the O.p. no.1 for premature withdrawal of her fixed deposit amount on the ground that her husband was suffering from serious illness. She also sent a letter dated 07/06/2018 to the O.ps. thereby requesting them to pay the total redemption value of Rs.2,61,200/- after deduction of premature withdrawal charges as per rules and regulation of the said fixed deposit. In spite of receipt of the said letter, the O.ps. did not pay the said amount to the complainant. Hence the complaint, praying for directing the O.ps. to pay the amount of Rs.2,61,200/- after deduction of premature withdrawal charges and for an order for compensation and cost.
O.ps. have contested this case by filing w.v. Denying and disputing the case of the complainant it is specific case of the O.ps. that despite several requests, the complainant did not produce the original Sahara M-Benefit certificate and KYC before the O.ps. for internal process for disbursement of payment. It is stated that on 20/03/2018, the complainant by sending a letter requested the O.ps. for re-investment of her maturity amount. It is also stated by the O.ps. that the complainant is not a consumer under the O.ps. as the transaction is commercial in nature. O.ps. therefore pray for dismissal of the complaint with cost.
To prove her case, the complainant has tendered her written examination-in-chief supported by affidavit in evidence and she has also produced all relevant documents in support of her case. O.ps. were given opportunity to put questionnaires against the said evidence of the complainant but they declined to submit any questionnaire. They also did not file any evidence by way of affidavit.
POINT FOR DECISION
- Is the complainant a consumer of the O.ps?
- Is there any deficiency in service on the part of the O.ps.?
- Is the complainant entitled to get the reliefs, as prayed for?
DECISION WITH REASONS
Point nos. 1, 2 and 3:-
For the sake of convenience and brevity, all the above points are taken up together for consideration.
It appears to us that the complainant in her evidence by way of affidavit has fully corroborated her case of the petition of complaint and the documents filed by her also lend support to the case of the complainant. In spite of availing opportunity, the O.ps. did not cross examine the complainant by way of filing questionnaire. O.ps. also did not file any evidence to corroborate their case of the written version. It thus appears that the evidence of the complainant remains unchallenged. So in view of the said evidence of the complainant both oral and documentary, 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.
Regarding the premature redemption value of the said fixed deposit, the complainant has prayed for payment of Rs.2,61,200/-, but from the copy of the said F.D. certificate we find that after expiry of 72(Seventy two) months, redemption value of the said certificate of Rs.1,00,000/- comes to Rs.1,82,200/- and the complainant is entitled to get the said amount of Rs.1,82,200/- with interest and not Rs.2,61,200/- as prayed for.
All the points are accordingly decided in favour of the complainant.
In the result, the complaint case succeeds.
Hence,
it is,
O R D E R E D
that the complaint case no.296/2018 is allowed on contest with cost against the O.ps.
O.ps. are jointly and severally directed to pay the redemption value of Rs.1,82,200/- with interest @6% per annum w.e.f. the date of filing of this complaint till realization to the complainant and they are further directed to pay the complainant a sum of Rs.10,000/- as compensation and Rs.3,000/- as litigation cost.
All such payment shall be made by the O.ps. within a month from this date of order.
Let plain copy of this order be given to the complainants free of cost.
Dictated and corrected by me.
(Sajal Kanti Jana)
Member, D.C.D.R.F.,
Howrah.
