Judgment On 12.02.2007
Present:- Sri B.K. Samanta, President
Sri Kumar Mukhopadhyay, Member
Smt Jyotsna Sarkar, Member
The Complainant filed haziran. The OPs have not taken any step. So the case is taken up for ex-party hearing.
This is a case for claim and compensation.
The complaint’s case in short is that the complainant deposited (1) Rs. 40,000/- on 30.07.2003 with OP No.1 Ram Nagar Co. Operative Credit Society Ltd. Chandipur Branch. The certificate no. is 2081, maturity value of the certificate is Rs. 47,324 as on 30.07.2005. (2) The complainant further deposited an amount of Rs.50,000/- on 5.08.2003 with OP No.1 vide certificate No. 2082, maturity value was Rs.59,155 (maturity date 05.08.2003 with the OP Bank whose maturity value as on 18.08.2005 was 59,155/-. After maturity, the complainant demanded money from the OP bank several times, but the OP did not pay the same. So he filed the case for the amount along with interest and compensation.
Points for decision
On the basis of the complainant, the following points are taken up for consideration.
- Is there any deficiency in service on the part of the OP?
- Is the complainant entitled to have any relief as prayed for?
Decisions
Point No. 1 & 2:- Both the points are taken up together considering that they are inter linked.
The complainant, at the time of argument, stated that he deposited (1) Rs.40,000/- on 30.07.2003 whose maturity value as on 30.07.2005 was Rs.47,324/- vide certificate no.2081 (2) The complainant also stated that, he deposited again Rs.50,000/- on 05.08.2003 whose maturity value as on 05.08.2005 was 59,155/- vide certificate no.2082. (3) The complainant stated that he again deposited Rs.50,000/- on 18.08.2003 vide certificate No. 2083 which was matured on 18.08.2005(maturity value Rs.59,155/-). The certificates are marked Ext. 1, Ext.2 and Ext. 3 respectively. What the complainant has stated and as per that of the petition, the OP neither filed any written statement nor contests the case and they have nothing to say against the claim. As such, we have nothing but to accept the complaint’s plea and allow the petition accordingly. Under the circumstances, we say that the complainant is entitled to have Rs.1,65,634/- in total along with interest @ 8% p.a. over the amount from the date of maturity of the respective certificates till the date of payment. Nonpayment of maturity value to have complainant, in spite of several reminders, is no doubt deficiency in service on the part of the OPs. Thus, these points are disposed of accordingly.
Hence, Ordered
That the case be and the same is allowed exparte against the OPs. The complaint is entitled to have Rs.1, 65,634/- along with interest @ 8% p.a. over the amount from the respective date of maturity of certificates till the date of payment. The OPs are directed to pay the same by one month from this date failing which the complainant is at liberty to execute the same through this forum after expiry of the period mentioned above.
