DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C. C.  No. 277/2021

           Date of Filing:                         Date of Admission:                               Date of Disposal:                

          13.12.2021                                   28.12.2021                                        21.12.2022

P R E S E N                   :-       Smt. Monisha Shaw …………………. Member.

                                       :-        Sri Abhijit Basu……………………….Member

JUDGMENT / FINAL ORDER

            The case was filed by the complainant under Section 35 of the C.P. Act, 2019. The fact as follows:-

            The complainant opened an account from opposite parties in fixed deposit scheme namely ‘SUPERBB’ and purchased five number of certificates being Nos. 467001631872, 467001631873, 467001631874, 467001631875, 467001631876,vide membership No.916327000741, 916327000741, 916327000741, 916327000741, 916327000741, deposited amount of Rs. 13,400/-, Rs. 13,000/-, Rs. 13,000/-, Rs. 12,000/-, Rs. 12,000/-respectively (Total Rs. 55,000/-) and date of issue certificate and on 30.12.2017, maturity amount was Rs. 26,283/, Rs. 25,498/-, Rs. 25,498/-,Rs.23,537/-, Rs. 23,537/- (Total Rs.1,24,353/-) respectively for 36 months. After completing 36 months the complainant went to the office for receiving the matured amount and for knowing the procedure for receiving matured amount of Rs.1,24,353/-(for five certificates) as per terms and conditions of certificate being clause No.4 of contribution features of the O.P. Complainant went the office of O.Ps on several times for withdraw the matured amount but in vain. Hence complainant filed this case. The O.Ps are finance company. Compelling circumstances this case filed by the complainant. The O.Ps are carrying business for non-banking financial institute under the name and style of ‘SAHARAYN UNIVERSAL MULTIPURPOSE SOCIETY LTD’.

            Following issues are framed for the purpose of decision

1.Whether the case is maintainable or not?

2.Whether the complainant is entitled to get relief/ reliefs in this case or not?

Decision with Reasons

            Considering the facts and circumstances as well as nature and character of the case all the points are interlinked to each other as such all the points are taken up together for consideration for the sake of brevity and convenience.

            It is revealed from the case record and submitted documents that complainant purchased five certificates in fixed deposit scheme namely ‘SUPERBB’ and deposited total Rs. 55,000/- and the matured amount was Rs. 1,24,354/- as per clause -4 of the contribution features of the O.Ps. The O.Ps are finance Company. After elapse of 36 months the O.Ps were

Contd/-2

C. C.  No. 277/2021

:: 2 ::

not deliver the matured amount to the complainant after several request by the complainant. But the complainant is entitled to get his matured amount from the O.Ps. Here complainant is consumer of the O.Ps as per Consumer Protection Act and the O.Ps are service provider but the O.Ps failed to provide their service or neglected to provide service and the case is within the territorial and pecuniary jurisdiction of this commission Hence this commission has ample power to try this case.

            We have perused all the documents and the case record sworn by affidavit i.e. the complaint. On perused the material record and complaint it appears that the complainant deposited total Rs. 55,000/- for purchase said five fixed deposit certificates and the matured amount were Rs. 1,24,353/- for said five fixed deposit certificates after expiry of 36 months but the O.Ps were not paid the matured amount to the complainant after elapse of 36 months. O.Ps are not appeared in this case as such this case heard exparte. The O.Ps are liable to pay the matured amount of Rs. 1,24,353/- with interest. We are of view that the complainant is entitled to get matured amount and interest as prayed for which reflected in ordering portion.

            Thus, all the points are disposed of accordingly.    

            Hence,

                         It is Ordered

that the case be and the same is allowed on exparte against opposite parties.

The opposite parties are directed to pay the matured amount of Rs. 1,24,353 for five fixed deposit certificates with 6% interest from the date of maturity till recovery within two months from the date of issuing judgment after receiving original certificates. Failing which the complainant is at liberty to execute the decree according to law.              

Let plain copy of this order be given to the parties free of cost.

Dictated & Corrected by

           Member                                                   Member