J U D G E M E N T

Subir Kumar Dass, Member – This consumer complaint under section 35 of the C.P. Act, 2019 has been filed by the complainant-Sunil Jaiswal nee Sunil Kumar Jaiswal 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 27/09/2014 the complainant opened a Recurring Deposit scheme of the O.ps. for tenure of 72 months of which the mode of payment was for monthly installment amount of Rs.3,500/- per month and as per said investment after expiry of said tenure of 72 months the complainant was entitled to get Rs.3,41,600/- from the O.ps. vide a/c no.15855105109 and as per said Recurring Deposit the O.ps. issued a Pass Book vide Pass Book No.274000494678 to the complainant.  

       That the complainant thereafter paid 36 consecutive monthly installments upto dated 30/08/2017 paid total amount of Rs.1,26,000/- out of said 72 monthly installments to the O.ps.

That after expiry of said tenure of 72 months, the complainant met the O.ps. to deposit his all original papers and documents to the O.ps. and the O.ps. did not receive his papers but assure the complainant that after few months they will issue cheque in favour of the complainant.

       On 10/11/2020 the complainant sent a letter to the O.ps. and requested them to pay his total redemption amount after deducting the penalty charges for not depositing last 36 monthly installments, but the O.ps. neither gave any reply to the complainant nor they paid him any amount. Hence the complaint, praying for directing the O.ps. to pay the complainant of 36 consecutive monthly installment upto dated 30/08/2017 paid total amount of Rs.1,26,000/- out of said 72 monthly installment to the O.ps. and for an order of compensation and cost.

       After receipt of notice of this case, O.ps. appeared and filed written version. Thereafter, since 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 his case, the complainant has tendered his written examination-in-chief supported by affidavit in evidence and he has also filed all relevant documents relating to his case.

In his evidence, the complainant has fully corroborated his case of the complaint and the documents filed by him also lend support to the case of the complainant. So in view of the said evidence of the complainant and the documents filed by him, remaining unchallenged, we hold that the complainant’s case is proved 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.238/2020 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.1,26,000/- alongwith simple interest @9% per annum with effect from the date of filing this complaint till realization.

O.ps. are further directed to pay Rs.10,000/- as compensation and Rs.5,000/- as litigation cost to the complainant.

All such payment shall be made within 2(two) months from the date this order.

Let copy of this order be given to the complainant free of cost.

Complainant may take this order in execution after expiry of above period and the time period for filing appeal.

Dictated & Corrected by me

 (Mr. Subir Kumar Dass)

Member, D.C.D.R.C., Howrah