J U D G E M E N T
Sajal Kanti Jana, Member - This consumer complaint under section 12 of the C.P. Act has been filed by the complainant Rakesh Singh Kushwaha against the above named O.ps. alleging deficiency in service on their part.
Complainant’s case, in brief, is as follows:-
On 15.09.2015, the complainant invested a sum of Rs. 48,000/- in three fixed deposit scheme, each Rs.16,000/- with the O.ps. vide fixed deposit certificate Nos. 705000045782, 705000045783 and 705000045784. As per said certificates after 12 months, the complainant was entitled to get redemption value of such investment to the tune of Rs.52,320/- i.e. Rs.17,440/- for each certificates. After expiry of the redemption period of 12 months, the complainant went to deposit all her original papers and documents relating to the said investment to the opposite party no.1 but the O.p. no.1 did not receive the same and assured that after few months they will issue a cheque in her favour for said redemption amount. In spite of such assurance and demand notice dated 06.02.2018, the O.ps. did not refund any single amount to her. Hence the complaint, praying for directing the O.ps. to refund the complainant said redemption amount of Rs.52,320/- with interest, an order of compensation of Rs. 40,000/- and litigation cost.
All the O.ps. were duly served with notice of this case and they also appeared in this case but thereafter they did not appear to contest this case. Hence the ex-parte hearing.
POINT FOR DECISION
Whether the complainant is entitled to get the reliefs, as prayed for?
DECISION WITH REASONS
To prove his case, the complainant has tendered a written examination-in-chief of himself supported by affidavit in evidence apart from producing all necessary documents. It appears from the written examination-in-chief, supported by affidavit of the complainant as well as from the documents filed by the complainant that the complainant invested a sum of Rs. 48,000/- in three fixed deposit scheme, each Rs.16,000/- with the O.ps. vide fixed deposit certificate Nos. 705000045782, 705000045783 and 705000045784. As per said certificates, after 12 months the complainant was entitled to get redemption value of such investments to the tune of Rs.52,320/- i.e. Rs.17,440/- for each certificates. It further appears from his evidence, both oral and documentary, that after expiry of stipulated period of 12 months, the complainant requested the O.ps. verbally and by sending letter to give his the redemption value of those three certificates but even after verbal request and notice, the O.ps. failed to pay the said redemption amount to the complainant. In view of such evidence, both oral and documentary, remaining unchallenged, it is held that the complainant has been able to prove his case 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. 116 of 2018 is allowed ex-parte with cost against all the O.ps.
O.ps. are jointly and severely directed to pay the redemption amount of Rs.52,320/- to the complainant with interest @ 6% per annum from the date of maturity i.e. from 15.09.2016 till payment. O.ps. are further directed to pay Rs. 15,000/- as compensation and Rs. 10,000/- as litigation cost, out of which 50% of the litigation cost shall be paid to the complainant and remaining 50% of litigation cost shall be payable in favour of Consumer Legal Aid Account, Howrah.
All such payment shall be made within one month from this date of order i.d. the complainant will be at liberty to put this order into execution after expiry of the period of appeal.
Let plain copy of this order be given to the complainant free of cost.
Dictated & corrected by me.
( Sajal Kanti Jana)
Presiding Member,
D.C.D.R.F.,Howrah.