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-Rina Agarwal 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 05/11/2011 the complainant invested a sum of Rs.15,000/- in the fixed deposit scheme of the O.ps. vide a/c no.15853706540 and as per the said scheme, the complainant will get Rs.33,960/- as redemption value of the said certificate after expiry of 96 months on 05/11/2019.
Before expiry of the said redemption period, the complainant met the O.p. no.1 and requested for premature withdrawal of her said fixed deposit amount but the O.p. no.1 did not received her papers but assured the complainant that after few month they will issue cheque in favour of the complainant.
On 28/07/2018 the complainant sent a letter to the O.ps. and requested them to pay her total redemption amount of Rs.33,960/- after deducting charges for premature withdrawal as per rules and regulation the O.ps. but the O.ps. did neither give any reply to the complainant nor they pay her any amount. Hence the complaint, praying for directing the O.ps. to pay the complainant said redemption amount of Rs.33,960/- after deducting charges for premature withdrawal 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, 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 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.322/2018 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.33,960/- after deducting the penalty charges for premature withdrawal alongwith simple interest @6% per annum with effect from the date of filing 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.