No. 4/27.05.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Appellant through Mr. Ved Sharma, the Ld. Advocate and Respondents through Mr. A. K. Bandyopadhyay, the Ld. Advocate are present.  Both sides file BNA.

This appeal is by the Complainant against the judgement and order dated 16.08.2010 passed by the Forum below, though by allowing the appeal but by not granting the reliefs as prayed for by the Complainant.  Accordingly the above appeal has been filed for modification of the impugned order.

Evidently the Complainant made three fixed deposits of principal amounts of Rs.50,000/-, Rs.25,000/- & Rs.25,000/- respectively for the respective periods of 24 months, 36 months and 36 months with the O.Ps namely Duncan Industries Ltd.  The aforesaid sum of Rs.50,000/- was made fixed deposit for 24 months at 14% interest per annum with the maturity on 05.11.2001.  The other principal amounts of Rs.25,000/- each were made fixed deposits for 36 months at an interest of 14.5% per annum with the date of maturity on 16.10.2002.  The aforesaid fixed deposits receipts have been proved in the complaint case.  As per the aforesaid receipts the Complainant was entitled to receive the principal amount of Rs.50,000/- upon maturity on 05.11.2001 as the quarterly interests had regularly been paid to the Complainant.  The Complainant also has not alleged in his complaint case that he had not received the quarterly interest the aforesaid amount of Rs.50,000/-.  The other two fixed deposits for Rs.25,000/- each were payable on maturity along with interest amounting to Rs.38,043/- against each such deposits.  Thus, on the dates of maturity the Complainant was entitled to receive a total sum of Rs.1,26,086/- against all three fixed deposits.  It is also not in dispute that the Complainant has already received a sum of Rs.90,000/- against the aforesaid maturity value of Rs.1,26,086/-.  Thus it has been established from the materials on record that the Complainant is further entitled to Rs.36,086 only as being the balance due upon maturity of the aforesaid three fixed deposits made with the O.Ps.  It is, therefore, clear that the Forum below has committed an error by not making any order for payment of the aforesaid sum of Rs.36,086/- to the Complainant by the O.Ps.  We, therefore, dispose of the above appeal by directing the O.Ps to pay a sum of Rs.36,086/- being the balance amount payable by the O.Ps to the Complainant in respect of the aforesaid three fixed deposits made with the O.Ps along with maturity interest as per the fixed deposits receipts.  The O.Ps are also directed to pay post maturity interest @ 8% per annum on the aforesaid amount of Rs.36,086/- from the date of maturity till realization.

Since the O.Ps failed to make payment of the aforesaid amount to the Complainant even upon maturity of the aforesaid fixed deposits, so they are further directed to pay compensation of Rs.5,000/- and litigation cost of Rs.1,000/- to the Complainant for causing harassment and mental agony and for dragging the Complainant to the Consumer Forum.  All such payments shall be made by the O.Ps within a period of 30 days from the date of this order.