MRS. MANJUSRI SARKAR CHOWDHURY MEMBER FACTS The case of the Complainant in short is that he had made one fixed deposit for Rs.22,450/- under (Super BB) Scheme only with the OPs for three years and accordingly OPs issued a certificate “SAHARAYN UNIVERSAL MULTIPURPOSE SOCIETY LIMITED” Membership no.915847000313, certificate no.467000860958 on 29.11.2017, which was to be matured on 29.11.2020 amounting to Rs.44,440/-. The Complainant visited the office of the OPs after the date of claiming for the said maturity amount but the OPs did not pay any heed to the request of the Complainant. Thereafter Complainant sent letter on 28.10.2022 claiming of the refund of the maturity amount for Rs.44,440/- to which the OPs remained silent. Thus, being aggrieved due to deficiency in service on the part of the OPs, Complainant filed this instant case before this Commission with praying for a direction upon the OPs to pay the maturity amount along with Rs.20,000 towards cost of harassment and Rs.10,000/- as litigation cost. The OPs did not contest this case by filing written version despite notices were being served upon them. Finally, the instant case was heard ex parte against them. Complainant adduced evidence on affidavit and also filed a copy of said certificate as discussed above. We have heard the submissions made by the Complainant during the course of final hearing. POINT FOR CONSIDERATION Whether the Complainant is entitled to the relief (s) as prayed for? FINDINGS We have considered the petition of complaint, evidence on affidavit and also the documents as mentioned aforesaid. We have carefully perused the record and found that the Complainant is a ‘Consumer’ under the Consumer Protection Act, 2019 and he was deprived of service from the OPs. From the document, we find, that the Complainant invested in fixed deposit of Rs.22,450/- (Super BB) Scheme as per terms and conditions of the policy certificate no.467000860958 issued by the OPs on 29.11.2017 and which was matured on 29.11.2020 and the amount on maturity was Rs.44,440/-. But on maturity, he did not return the said amount. From the document it is clear that “on full utilization of products/services and various other factors member can further accumulate maximum up to 444 joining points which could be approximately amount of Rs.44,440/-.** (as per table of point value) depending upon the various factors at the time of redemption.” So, in this regard, it is clearly mentioned that the Complainant had deposited the said amount of Rs.22,450/- in the said scheme and he is also entitled to get the matured amount of Rs.44,440/- as per terms and conditions mentioned in the certificate of the “SAHARAYN UNIVERSAL MULTIPURPOSE SOCIETY LIMITED. So, the Complainant has been able to prove his case and he is entitled to get relief (s) as prayed for. He is entitled to get amount of Rs.44,440/- being the amount of maturity and also get compensation and also cost of litigation. Accordingly it is, ORDERED That the instant case be and the same is allowed ex parte against the OPs. Complainant is entitled to get refund of Rs. 44,440/- (Rupees Forty-Four Thousand Four Hundred Forty only) with interest @9% p.a. from the date of maturity until actual payment. Complainant is also entitled to get Rs.2,000/- (Rupees Two Thousand Only) towards cost of litigation. OPs are jointly and severally liable to make the aforesaid payment. OPs are directed to pay the aforesaid amount including cost of litigation to the Complainant within 45 days from the date this order on production of the original certificates failing which Complainant shall be at liberty to realize the same in accordance with law. Dictated and corrected by me Member |