J U D G E M E N T

This consumer complaint under section 12 of the C.P. Act has been filed by the complainant Sudhir Kumar Gupta against the above named O.ps. alleging deficiency in service on their part.

Complainant’s case, in brief, is as follows:-

Complainant opened a recurring deposit account being no. 15853709985 under the scheme of the O.ps. on 26.12.2011 for a tenure of 60 months of which the mode of payment was for monthly installment @ Rs.2000/- per month and on condition that after expiry of the said tenure of 60 months the complainant will get the redemption value of Rs. 1,55,400/- of the said investment from the opposite parties who accordingly issued a passbook being No. 371002831856 to the complainant. Accordingly, the complainant paid 56 consecutive monthly installments up to 30.11.2016 total amounting to Rs. 1,16,000/- ( Rs. 2000 X 58 months). After expiry of the said tenure of the 60 months the complainant went to deposit all his original papers and documents relating to the said investment to the opposite parties but the O.ps. denied to receive those documents and they assured that after few months they will issue a cheque in his favour for said redemption amount. On 01.02.2018, the complainant sent a letter to the opposite parties thereby requesting them to refund him said redemption amount after deducting the penalty charge for not-depositing last 2 monthly installments. In spite of receipt of the said letter, the O.ps. did not refund any single amount to him. Hence the complaint, praying for directing the O.ps. to refund the complainant said redemption amount of Rs. 1,55,400/- after deducting the amount for not-depositing last 2 monthly installment total amounting to Rs. 1,16,000/- alongwith simple interest, an order of compensation of Rs. 50,000/- 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 exparte 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 opened a recurring deposit account being No. 15853709985 with the O.ps. for  a tenure of 60 months of which the mode of payment was for monthly installment amounting to Rs.2000/- per month and on condition that after expiry of said tenure of 60 months, he will get the redemption value of such investment. It further appears from his evidence, both oral and documentary, that the complainant deposited 58 monthly payment @ Rs.2000/- per month with the O.ps. in the said account but after expiry of 60 months and even after verbal request and notice, the O.ps. failed to pay the said redemption amount to the complainant after deducting the amount for not-depositing last 2 monthly installment total amounting to Rs. 1,16,000/-. 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. 90 of 2018 is allowed exparte with cost against all the O.ps.

          O.ps. are jointly and severely directed to pay the redemption amount of Rs. 1,55,400/- to the complainant after  deducting  the  amount  for  not  depositing last 2 installment @ Rs. 2000/- per month alongwith simple interest @ 4% per annum from the date of filing of this case till payment. O.ps. are further directed to pay Rs. 5,000/- as compensation and Rs. 3,000/- as litigation cost to the complainant. 50% of the litigation cost, if paid by the O.ps., shall be deposited in the Consumer Legal Aid Account and the rest amount shall be paid to the complainant.

          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. 

( Bibekananda Pramanik )

President, D.C.D.R.F.,

Howrah.