MRS. MANJUSRI SARKAR CHOWDHURY MEMBER FACTS The case of the Complainant, in short, is that she had invested a sum of Rs.10,000/- in the Branch Manager, Sahara India Commercial Corporation Limited with the OPs for the period twelve years (approximately) and accordingly OPs issued a certificate “Sahara India Commercial Corporation Limited” Receipt no.10151940162, Certificate no.963000759641 on 15.03.2005, which was to be matured on 15.05.2017 with a maturity amount of Rs.30,000/-. After the date of maturity, Complainant visited the Office of OP No.1 & 2 for payment of Rs.30,000/- but they refused to pay the maturity amount. Complainant also stated that she had further visited the Office of the OPs but the OPs always resorted to concocted stories and avoided disclosing the actual intention regarding the discharge of the contractual obligation. Complainant also alleged that the OPs had not only failed to act according to their contractual obligations but also engaged in fraudulent trade practice, as even receiving all the documents, they did not make the payment of the maturity amount. The act of the OPs clearly shows their deficiency in service. Thus feeling aggrieved, Complainant filed this instant case before this Commission praying for a direction upon the OPs to pay the maturity amount along with interest of 18% p.a. and to pay compensation for harassment and mental agony along with cost of litigation. The OPs did not contest this case by filing written version despite notices were served upon them. Finally, the instant case was heard ex parte against OP No.1, & 2 vide Order No.5 dated 05.06.2023. POINT FOR CONSIDERATION Whether the Complainant is entitled to the relief (s) as prayed for? FINDINGS We have carefully seen the petition of complaint along with evidence and all documents/annexures. From the document we find that the Complainant invested in Fixed Deposit Rs.10,000/- on 15.03.2005 and the same was to be matured on 15.05.2017 with the maturity amount of Rs.30,000/. But on maturity, the OPs did not pay amount. They remained silent and by this conduct OPs demonstrated a gesture of deficiency in service and indulged in unfair trade practice. The allegations of the Complainant remained unchallenged and unrebutted also. In absence of any contrary and controverting materials on record, we are of the opinion that the Complainant has been able to prove her case and she is entitled to get relief(s), namely, refund of Rs.30,000/- along with compensation in the form of simple interest @6% p.a. and also litigation cost of Rs.3,000/- only. Accordingly it is, ORDERED That the instant case be and the same is allowed ex parte against OP No.1 & 2. OPs are directed to refund of Rs.30,000/- (Rupees Thirty Thousand Only) along with simple interest @6% p.a. from the date of maturity i.e. 15.05.2017 to the Complainant, until realization in full. OPs are also to pay Rs.3,000/- (Rupees Three Thousand Only) towards cost of litigation to the Complainant. Complainant is directed to hand over the original maturity Receipt no.10151940162, Certificate no.963000759641 to the office of the OPs upon receipt of the aforesaid awarded amount from the OPs in full. OPs are jointly and severally liable to make the aforesaid payment. OPs are to pay the aforesaid awarded amount maturity to the Complainant within 45 days from the date this order, failing which Complainant shall be at liberty to realize the same in accordance with law. Dictated and corrected by me |