This case has been filed U/s.12 of the Consumer Protection Act, 1986 by the complainants that the opposite party no. 1 is the Investment Company carrying on business and the opposite party no. 2 is the agent of opposite party no. 1 and the complainants are invested 3 fixed deposits under opposite party no. 1 through opposite party no. 2 amounting to Rs.25,000/- each being FDR No. 1199873 in Account No. 1064271 which was issued on 3.12.2012 and the date of deposit on 29.11.2012 and the same was matured on 29.11.2015 and another FDR no. 1205337 in Account no. 1002784 which was issued on 18.1.2013 and the date of deposit on 8.01.2013 and the same was matured on 8.01.2016 and FDR No. 1234956 in  folio no. 1002784 which was issued on 26.8.2013 and the date of deposit on 19.8.2013 and the same was matured on 19.8.2016 respectively and after maturity the complainants through opposite party no. 2 sent original 3 certificates along with maturity documents for encashment and upon receipt of the same the opposite party no. 1 kept mum and neither responded nor paid the maturity amount and the complainants times without number contacted the opposite party no. 1 but they are taking time of different pretext and in the month of November,2018 the complainants accompanied by the opposite party no. 2 went to the office of the opposite party no.1 but this time they were harassed by the officials of the opposite party no. 1 and they were unattended there and they returned back with empty hand and they waited for some time and requested the opposite party no. 2 to do something and the opposite party no.2 time without number tried to solve the matter which also yielded not result and having no other alternative the complainants through their Ld. Advocate sent a demand notice on 24.3.2019 to opposite party no. 1 which was posted on 25.3.2019 stating all the facts in black and white and the opposite party no. 1 received the said letter on 27.3.2019 and the opposite party no. 1 inspite of receiving the letter did not bother to give any reply of the letter dt. 24.3.2019 and after that the complainants through their Ld. Advocate again send 2^nd reminder letter on 23.4.2019 which was posted on 23.4.2019 and the opposite party no. 1 received the said letter on 26.4.2019 but this time also the opposite party no. 1 kept mum and then the complainants again on 8.7.2019 sent final reminder notice which the opposite party no. 1 received the same on 11.7.2019 but till date they have not received the complainants legitimate claim and the aforesaid acts and conduct on the part of opposite party no. 1 in making inordinate delay in payment of the complainants’ deposited amount without proving any justified cause etc, constitute sheer deficiency in service as well as unfair trade practice on the part of opposite party no. 1 for which the complainants have been suffering a lot due to mental agony, anxiety and harassment besides the huge money loss due to non-settlement of maturity amount and being a senior citizen and ailing person they are in urgent need of money for their treatment and also for the treatment of complainant no. 2, who is a patient of knee problem which required immediate replacement and the cause of action arose for presenting this application on 29.11.2012, 8.01.2013 and 19.08.2013 when the complainants purchased 3 fixed deposit certificates from the opposite party no. 1 and lastly on 11.07.2019 when the opposite party no. 1 inspite of received final reminder of the letter of the Ld. Advocate dt. 8.07.2019 did not comply and failed to pay the maturity amounts of the complainants’ and the cause of action has been continuing thereafter as the claim of the complainants have not been settled by the opposite party no. 1 till date.

               Complainants filed the complaint petition praying directions upon the opposite parties to pass an order directing the opposite party no. 1 to pay maturity with up-to-date interest as incorporated in the certificates and to pay a sum of Rs.1,00,000/- for compensation and to pay a sum of Rs.50,000/- for mental pain, agony, anxiety and harassment and to pay a sum of Rs. 50,000/- as litigation cost and give any other relief or reliefs which the complainant is entitled to in law and equity.

            The opposite party no. 2 contested the case by filing written version. This opposite party no.2 submits that the statements made in the complaint petition all are true facts and after maturity the complainants through opposite party no. 2 sent original 3 certificates along with maturity documents for encashment and upon receipt of the same the opposite party no.1 kept mum and neither responded nor paid the maturity amount to the complainants and the complainants waited for some time and requested the opposite party no. 2 to do something and the opposite party no.2 time without number tried to solve the matter which also yielded no result and through opposite party no. 2 the complainants invested the above amount to the opposite party no. 1 and after maturity the complainants through opposite party no. 2 sent original 3 certificates along with maturity documents for encashment and upon receipt of the same the opposite party no.1 kept mum and neither responded nor paid the maturity amount to the complainants and the complainants waited for some time and requested the opposite party no. 2 to do something and the opposite party no. 2 times without tried to solve the matter which also yielded no result and the complainants are entitled to their legitimate claim and the opposite party no. 1 with malafide intention only to gain illegally not paying the same within due time and the complainants are also entitled to the relief as prayed for.

The complainant filed evidence on affidavit which is nothing but replica of complaint petition and supports the averments of the complainants in the complaint petition.

            Complainants filed written notes of argument. The evidence on affidavit and written notes of argument of the complainants are taken into consideration for passing final order.

            Despite receiving notice opposite party no.1 did not turn up so the proceeding runs ex-parte against him.  By appearing opposite party no.2 filed written version but subsequently absent so this Forum vide its order dated 18.2.2020 heard ex-parte argument against them.

        Argument as advanced by the agent of the complainants heard in full.

        Heard the Ld. Advocates on behalf of the complainants and perused the case record and documents. 

           From the materials on record it is transparent that the Complainants are “Consumer” as provided by the spirit of section 2(1)(d)(ii) of the Consumer Protection Act,1986. As the complainants herein being the customer of Opposite Party No.1 by investing money in FDR, are entitled to get service from the opposite parties.

           Both the complainant and opposite party are residents/carrying on business within the district of Hooghly and cause of action took place at Chinsurah, Hooghly. The complaint valued with interest and compensation ad valorem which is within Rs.20,00,000/-limit of this Forum. So, this Forum has territorial / pecuniary jurisdiction to entertain and try the case.

             After perusing the Complaint Petition, written version of the opposite party No.2, Evidence on Affidavit and also the documents as filed by this complainants and hearing the arguments as advanced by the agent of the complainants it appears that the complainants invested (i) a sum of Rs.25,000/- on 29.11.2012 for 3 years @12.5% and date of maturity has been fixed on 29.11.2015, (ii) a sum of Rs.25,000/- on 08.01.2013 for 3 years @12.5% and date of maturity has been fixed on 08.01.2016 and another  (iii) a sum of Rs.25000/- on 19.08.2013 for 3 years @12.5% and date of maturity has been fixed on 19.08.2016, before the opposite party No.1 through the opposite party No.2 agent. After maturity the complainants through opposite party no. 2 sent original 3 certificates along with maturity documents for encashment and upon receipt of the same the opposite party no. 1 kept mum and neither responded nor paid the maturity amounts and the complainants times without number contacted the opposite party no. 1 but they are taking time of different pretext and in the month of November,2018 the complainants accompanied by the opposite party no. 2 went to the office of the opposite party no.1 but this time they were harassed by the officials of the opposite party no. 1 and they were unattended there and they returned back with empty hand and they waited for some time and requested the opposite party no. 2 to do something and the opposite party no.2 time without number tried to solve the matter which also yielded not result and having no other alternative the complainants through their Ld. Advocate sent demand notices and reminders but the opposite party no.2 did not pay the matured proceeds of the complainants so the complainants getting no alternative preferred the recourse of this Forum praying directions upon the opposite party No.1 as incorporated in the prayer portion of the complainant petition.

Nowhere the opposite parties denied the receipt of money which the complainants invested. But the complainant by producing the documents in respect of investment proved that they are entitled to get the matured amount but the opposite party failed to provide the same which tantamount to deficiency of service on the part of the opposite party.

   The documents of investment are produced in Xerox copies. The receipts/certificates are signed by the Authorised Signatory of UNITECH LIMITED  i.e. the opposite party. So we may presume that the opposite party No.1 accepted those invested amounts of the complainants. The complainants by filing  evidence on affidavit demanded that they did not receive the matured amount till date and as the opposite party did not meet the demand of the complainants so this complainant getting no alternative filed the instant complaint for getting matured amounts including interest, compensation & cost. This complainant after the expiry of the period as fixed earlier approached the opposite party for getting the matured sum but the opposite party did not show good gesture upon the complainants by paying the matured amounts. As such the opposite party is deficient in providing service to this complainants and he is also in the charge of unfair trade practice. So the demand of the complainants are valid, cogent and at per but not excessive or exorbitant.

     Upon perusing the case the decision and hearing the Ld. Advocates this Forum is in the opinion that the complainant case is rightly filed before this Forum under the section of Consumer Protection Act, 1986 as the section 3 of the act clearly mentioned that the provisions of this act shall be in addition to and not in derogation of the provisions of any other Law for the time being in force. So the complaint petition is deserved to be allowed with cost and compensation. The complainants proved their case by adducing evidence and the opposite parties are deficient in providing service to these complainants and the opposite parties are in the charge of unfair trade practice. So the complainants are entitled to get maturity benefits, including interest and compensation with a litigation cost of Rs.8,000/- from the opposite party No.1 within a period of 45 days from the date of passing this order.

The discussion made herein before, we have no hesitation to come in a conclusion that the Complainants have abled to prove their case. As such the Opposite Party is liable to pay compensation to these Complainants as we deem fit and proper.

As it is already proved in the discussion, the deficiency in service and unfair trade practice adopted by the Opposite Party cannot be ousted and as such the Complainants are entitled to get relief(s).

       Hence it is ordered that the complaint case being no.CC 109/2019 be and the same is allowed ex-parte against the Opposite Party with a litigation cost of Rs.8,000/- to be paid by the opposite party No.1 to these complainants within 45 days from the date of passing final order.

       The Opposite party No.1 is hereby directed to pay the matured amount plus maturity benefits of the three FDRs as stated in the complaint petition to these complainants as per their investments, including interest and compensation of Rs.40,000/- for mental pain & agony to these complainants within 45 days from the date of passing this  final order.

       The Opposite Party No.1 is further directed to deposit a sum of Rs.20,000/- in the Consumer Legal Aid Account for unfair trade practice within 45 days from the date of passing this  final order.

        Opposite Party No.2 is exonerated from this case.

  At the event of failure to comply with the order the Opposite Party No.1 shall pay fine @Rs.50/- for each day’s delay, if caused, on expiry of the aforesaid 45 days by depositing the accrued amount, if any, in the Consumer Legal Aid Account.

         Let a plain copy of this order be made available and be supplied, free of cost, to the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgement/ be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.

         Dictated and Corrected by me.