Ld. Advocate(s)

                        For Complainant: Makbul Rahaman

                        For OP/OPs : None

Date of filing of the case               :13.02.2019

Date of Disposal  of the case        : 10.02.2023

Final Order / Judgment dtd.10.02.2023

This is a case under section 12 of the Consumer Protection act 1986 filed by the aforesaid complainant against the aforesaid opposite parties praying for refund of Rs.3,30,383.20/- interest for the further period, compensation and litigation cost.

Complainant stated in the complaint that he deposited total sum of Rs.1,40,350/-  before the office of OP no.1 under (“Q Shop Plan-H”[Plan-H] scheme and 7 documents were  prepared by OP no.1 to that effect and handed over the same to him.

 But after maturity date OP no.1 expressed that he is unable to give the maturity value.

After admission  of the aforesaid  complaint,  notices were  issued upon the OPs but neither the OPs nor their representative /representatives came  forward before this  Commission to  contest  this  complaint  case, hence  the instant case fixed for ex-parte hearing.

During Ex-parte hearing of this case, complainant produced some original documents including the deposit certificate relating to aforesaid deposit  dtds. 01.09.2012, 03.09.2012, 04.09.2012, 05.09.2012, 08.09.201225, 08.09.2012 and 25.09.2012 vide no.562009589896,562009589898, 562009589897,562009589559,562009589557,562009589558 and 562009589560.

Ld. Adv. for the complainant submitted Affidavit – in – Chief which is unchallenged testimony and brief notes of argument. He also made verbal submission.

We have carefully gone through the aforesaid documents. No doubt regarding genuineness of these documents appeared before us and we think that these documents may be considered.

DECISION WITH REASONS

It is the case of the complainant that on 01.09.2012, 03.09.2012, 04.09.2012, 05.09.2012, 08.09.2012 and 08.09.2012and 25.09.2012. he deposited total amount of Rs. 1,40,350/- before the office of OP no.1 in the (“Q Shop Plan-H”[Plan-H] Scheme and after lapse of maturity date i.e 01.09.2018, 03.09.2018, 04.09.2018, 05.09.2018, 08.09.2018 and 08.09.2018 and 25.09.2018 he wanted the maturity value and he went before the office of OP no. 1 for the said purpose but OP no. 1 expressed his inability to refund the matured value.

We also find from the documents on record that OP no.1 is the representative of OP no. 2-3. We also find that complainant is the consumer under the OPs within the purview of C.P.Act 1986 and subject matter of the complaint is under the jurisdiction of this commission. We also find that cause of action of this case has arisen on 12.12.2018, 08.09.2018 and 12.01.2019 and complainant has filed this case on 13.02.2019 i.e within the period of limitation.

Considering the materials on record and in view of the aforesaid discussion we do not find any reason to disbelieve the aforesaid contention of the complainant. So we are of the opinion that complainant deposited the aforesaid sum before the OPs but they avoided to return the maturity value to the complainant. So it is held that OPs have jointly or severally and willfully neglected to return the maturity value of aforesaid fixed deposit amount to the complainant.

So we are  of the further view that complainant  has able to established his grievance against the OPs before this Commission which amount to deficiency  of services on the part of OPs under the purview of C.P.Act 1986.

Accordingly we are of the opinion that complainant is entitled to relief as per his prayer.

In the result petition of the complainant succeeds.

Hence, it is

ORDERED,

That the present case be and the  same is allowed ex-parte against the OPs With cost.

That  the  OPs no 1-3 jointly or severally are hereby directed to refund the maturity value of the aforesaid fixed deposit amounting to  Rs.3,30,383/- (Three lakh thirty thousand three hundred eighty three only ) along with further  interests @ 9 % per annum from the date of maturity of the said fixed deposits i.e from 01.09.2018, 03.09.2018, 04.09.2018, 05.09.2018, 08.09.2018 and 08.09.2018 and 25.09.2018 to till the actual  date of repayment to the complainant.

       OP no. 1-3 are further directed to pay compensation amounting

Rs.3, 000/-  to the complainant for  his  harassment, mental pain and agony.

OP no. 1-3  are further directed to pay Rs.3,000/- as litigation cost to the Complainant.

OPno.1-3 are further directed to pay aforesaid awarded amount within 30 days from this date of order to the complainant,  failing which complainant shall have liberty to put this order into execution.

          Let a plain copy to this final order be supplied to the complainant free of cost.

Dictated & corrected by me

 ............................................

                PRESIDENT

 (Shri   DAMAN PROSAD BISWAS,)

                                                                                                                                            PRESIDENT

                                                                                                                             (Shri   DAMAN PROSAD BISWAS,)

I  concur,

………………………………..                                                                        

               MEMBER                                                                                                                                             

(NIROD  BARAN   ROY  CHOWDHURY  )