BY - SRI ASISH DEB, PRESIDENT
Brief facts of the complainant’s case is that the complainant is permanent resident of Jagannathchak. The Opposite Party is the Secretary of the above mentioned Samiti. There is Banking system of the said Samiti/Society. The Complainant has a savings A/C being No. 1201/07-08 with the said samiti which has opened on 13.04.2007. The Complainant has deposited some amounts for fixed and the same has been matured, but said matured amount of Rs. 10,000/- and Rs. 1,00,000/- has not been transferred to Complainant’s said savings A/C. At present there are Rs. 6,53,848/- on the said A/C as on 27.12.2014. By repeated request the Opposite Party did not update the said A/C and did not pay the said amounts. At present Rs. 6,53,848/- interest and said fixed of Rs. 1,10,000/- are due from Opposite Party and for that reason the Complainant has been suffering from mental agony. The cause of action of this case is continuing one as decision of National Commission (2016 (4) CPR 723 (NC) ) and as such there is no delay to file this Complaint . Therefore, complainant prays for directing the Opposite Party to return amount lying in savings A/C of Rs. 6,53,848/- + interest and said fixed maturity amount of Rs. 1,10,000/- with 10% interest from 27.12.2014 to the complainant till realization. To pay a compensation of Rs. 1,00,000/- to the complainant for mental agony. To pay a litigation cost of S. 10,000/- to the Complainant for conduct of this case and your honour would be pleased to allow any other relief which your honour may deem fit and proper.
Notice of the case was duly served upon the op, however the O.P. preferred to see that the case is decided ex-parte against it.
Points for determination are:
1. Is the case maintainable in its present form and in law? 2. Is the Complainant entitled to the relief(s) as sought for?
Decision with reasons
Both the points, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.
We have carefully perused the affidavit of the complainant and evidence produced by Complainant. On appraisal of the materials on records along with bundle of facts it appears that the complainant is a Consumer in respect of the transaction made by him with the O.P. The case is maintainable in its present form and in law.
Now, it appears that the complainant by his uncontroverted examination-in-chief on affidavit has stated that there is Banking system of the said Samiti/Society. The Complainant has a savings A/C being No. 1201/07-08 with the said samiti which has opened on 13.04.2007. The Complainant has deposited some amounts for fixed and the same has been matured, but said matured amount of Rs. 10,000/- and Rs. 1,00,000/- has not been transferred to Complainant’s said savings A/C. At present there are Rs. 6,53,848/- on the said A/C as on 27.12.2014. By repeated request the Opposite Party did not update the said A/C and did not pay the said amounts. At present Rs. 6,53,848/- interest and said fixed of Rs. 1,10,000/- are due from Opposite Party and for that reason the Complainant has been suffering from mental agony.
So, from the unchallenged evidence on record it is established that the complainant is entitled to get the reliefs that is to get the payment of Rs.7,63,000/- (Rs. 6,53,848/-+ Rs.1,10,000/-)along with simple interest @ 8 % per annum from the date of filing of this case till realization, along with Rs. 10,000/- as towards compensation and Rs. 5,000/- as towards litigation cost.
Thus both the points are decided in favour of the complainant.
Hence, it is
O R D E R E D
That CC/329 of 2019 be and the same is allowed ex parte against the OP.
The Opposite Party is hereby directed to pay a sum of Rs.7,63,000/- (Rs. 6,53,848/-+ Rs.1,10,000/-) along with simple interest @ 8 % per annum from the date of filing of this case till realization, along with Rs. 10,000/- as towards compensation and Rs. 5,000/- as towards litigation cost.
within one month from the date of this order, failing which the complainant will be at liberty to put this order into execution.
Let copy of the judgment be supplied to the complainant free of cost.
