Order No. 12 dt. 04/01/2019
The case of the complainants in brief is that the complainant being satisfied with the goodwill of opt.no.1 deposited a total sum of Rs.3,30,000/- to opt. no.1 by cash as fixed deposit (MIS Scheme). The amount was paid on 21/09/2013, 20/12/2013 and 12/03/2014 respectively. The amount deposited on those days amounting to Rs.1,10,000/- each. The complainant was offered to pay interest @12% P.A. and the interest was paid regularly but subsequently o.ps. stopped paying the interest to complainant. Thereafter the complainant sent a notice asking the o.ps. for refund of the amount along with interest but the o.ps. did not receive the said letter. On the basis of the said letter the complainant filed this case praying for direction upon the o.ps. for refund of Rs.3,30,000/- as well as due interest of Rs.48,400/- and compensation of Rs.50,000/- and litigation cost of Rs.20,000/-.
The o.ps contested the case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant will not be entitled to get the relief from the Forum and therefore, o.ps. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant is entitled to get the amount paid to o.ps.?
- Whether there was any deficiency in service on the part of the o.ps.?
- Whether the complainants will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Complainants argued the complainant being satisfied with the goodwill of opt.no.1 deposited a total sum of Rs.3,30,000/- to opt. no.1 by cash as fixed deposit (MIS Scheme). The amount was paid on 21/09/2013, 20/12/2013 and 12/03/2014 respectively. The amount deposited on those days amounting to Rs.1,10,000/- each. The complainant was offered to pay interest @12% P.A. and the interest was paid regularly but subsequently o.ps. stopped paying the interest to complainant. Thereafter the complainant sent a notice asking the o.ps. for refund of the amount along with interest but the o.ps. did not receive the said letter. On the basis of the said letter the complainant filed this case praying for direction upon the o.ps. for refund of Rs.3,30,000/- as well as due interest of Rs.48,400/- and compensation of Rs.50,000/- and litigation cost of Rs.20,000/-.
Considering the submissions of the complainant it is an admitted fact that o.ps. did not appear subsequently and did not file any evidence in support of their contention. On the basis of the pleadings of the respective parties it is appeared that the complainant being a senior citizen, aged about 82 years, deposited an amount of Rs. 3,30,000/- with the expectation that he would get the interest from the o.ps. to maintain himself and his family members. O.ps. initially paid some interest @12% P.A. but subsequently stopped to pay the interest to the complainant. After expiry of the maturity period complainant demanded the amount along with interest but the o.ps. did not pay any heed for which the complainant had to file this case. The complainant in the evidence stated the entire fact as well as filed documents to corroborate the fact that he paid amount to the o.ps. The evidence of the complainant has remained unchallenged. Therefore, we have no other alternative but to accept the plea of the complainant and accordingly, we hold that the complainant will be entitled to get the relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No. 135/2018 is allowed on contest with cost against the o.ps.. The o.ps. are jointly and severally directed to pay Rs.3,30,000/- (Rupees Three Lakh and Thirty Thousand) only with compensation of Rs.30,000/- (Rupees Thirty Thousand) only for mental agony and harassment and litigation cost of Rs.10,000/- (Rupees Ten Thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
