The brief fact of the case is that the complainant deposited Rs.1,00,000/- (Rupees One Lakh) only anin total as fixed deposit with the opposite party. The opposite party issued 2 (two) certificates as mentioned below:-
Sl. No. | Certificate No. | Account No. | Deposited on | Date of Maturity | Amount deposited Rs. | Maturity amount Rs. |
1. | 438000836658 | 24187400577 | 30.11.2018 | 30.11.020 | 50,000/- | 62,720/- |
2 | 438000836658 | 24187400577 | 30.11.2018 | 30.11.020 | 88,795/- | 88,795/- |
| | | | Total | 1,38,795/- | 1,51,515/- |
Sl. No. | Certificate No. | Account No. | Deposited on | Date of Maturity | Amount deposited Rs. | Maturity amount Rs. |
1. | 438000836659 | 24187400578 | 30.11.2018 | 30.11.020 | 50,000/- | 62,720/- |
2 | 438000836659 | 24187400578 | 30.11.2018 | 30.11.020 | 88,795/- | 88,795/- |
| | | | Total | 1,38,795/- | 1,51,515/- |
After the date of maturity, the complainant vide letter dated 23.02.2022 demanded for refund of maturity amount. Since the opposite party did not care to refund the maturity value, the complainant filed the instant case with the following prayers.
To direct opposite party to refund the maturity value of four certificates amounting Rs.3,51,030/- (Rupees Three Lakh Fifty One Thousand Thirty) only.
To direct opposite party to pay compensation Rs. 1,00,000/- (Rupees One Lakh) only for harassment and mental agony.
To direct opposite party to pay litigation cost Rs. 10,000/- (Rupees Ten Thousand) only.
To pass such order or orders as you Honour may deem fit and proper.
In spite of service of notice, the opposite party deliberately not appeared in the case to contest the same. Resultantly the instant case is proceeded ex-parte against the opposite party.
Complainant has filed affidavit in chief in support of his claim. Two original certificates are marked as Ext. 1 & 2.
Ext. 1 and Ext. 2 reveals that the complainant deposited Rs.50,000/- (Rupees Fifty Thousand) only each in two certificates bearing no. 438000836658 and no. 438000836659, total amount being Rs.1,00,000/- (Rupees One Lakh) only. The maturity amount has been mentioned as Rs.62,720/- (Rupees Sixty Two Thousand Seven Hundred Twenty) only in each certificate. Therefore, the total amount is being Rs.62,720 x 2 = Rs.1,25,440/- (Rupees One Lakh Twenty Five Thousand Four Hundred Forty) only on maturity.
It is mentioned in Ext. 1 and Ext. 2 on the basis of participation in the activities as per objects of society and various other factors member can further accumulate maximum upto 887 Joining Points which would approximately be an amount to Rs.88,795/- (Rupees Eighty Eight Thousand Seven Hundred Ninety Five) only depending upon the various factors at the time of redemption. Therefore, this amount cannot be taken into consideration.
Both the certificates under Golden 24 scheme were taken on 30.11.2018 and the maturity date was 30.11.2020.
Though in affidavit in chief the complainant stated that on several occasions he demanded the maturity amount and ultimately sent a letter dated 23.02.2022 to opposite party demanding maturity amount but no such letter dated 23.02.2022 or proof of service of alleged letter dated 23.02.2022 had been produced in evidence by the complainant. There is absolutely no evidence on record in proof that the opposite party has refused to disburse the maturity amount of Ext. 1 and Ext. 2 in favour of the complainant. There is absolutely no evidence on record to ascertain that the complainant after maturity date of Ext. 1 and Ext. 2, demanded the amount from opposite party or the opposite party has refuted to disburse the maturity amount of the certificates in favour of the complainant.
Therefore, it is apparent on the face of the record that there is no cause of action to file the case.
Hence, it is
O R D E R E D
that the case be and the same is dismissed without cost.
