Order No.  11  dt.  30/08/2018

        The case of the complainant in brief is that o.ps. convinced the complainant for depositing the amount towards the scheme opened by o.ps. and as per the assurance given  by o.ps. the complainant paid an amount of Rs.5,40,000/-. It was also stated that o.ps. gave an undertaking that the complainant would be provided Rs.9,000/- per month for the said policy of the benefit scheme bearing Policy account no. 65364200707 and the documents were provided to that effect. The said policy matured on 31/03/17 and the complainant approached the o.ps. claiming the amount of the assured sum of Rs.7,11,240/-, but o.ps. did not pay any heed, for which the complainant filed this case praying for direction upon the o.ps. for refund of the amount of Rs.7,11,240/- as well as compensation and litigation cost.

            The o.ps. contested this case by filing w/v and no substantive plea was taken by o.ps. in the said w/v. The said w/v was not filed by swearing an affidavit.

            The complainant filed an evidence stating inter alia that o.ps. convinced the complainant for depositing the amount towards the scheme opened by o.ps. and as per the assurance given  by o.ps. the complainant paid an amount of Rs.5,40,000/-. It was also stated that o.ps. gave an undertaking that the complainant would be provided Rs.9,000/- per month for the said policy of the benefit scheme bearing Policy account no. 65364200707and the documents were provided to that effect. The said policy was matured on 31/03/17 and the complainant approached the o.ps. claiming the amount of the assured sum of Rs.7,11,240/-, but o.ps. did not pay any heed, for which the complainant filed this case.

            On perusal of the materials on record, we find that the complainant paid the amount of Rs.5,40,000/- and subsequently the interest was not paid to the complainant, for which the total amount accrued to the complainant to the tune of Rs.7,11,240/-. It also appears from the materials on record that the complainant in support of his contention filed documents showing that the amount was received by o.ps. Since the evidence of the complainant has remained unchallenged, therefore, we have no  other alternative but to accept the contention of the complaint. As such, we hold that there is gross deficiency in service on the part of ops. and the complainant will be entitled to get back the amount claimed by the complainant.

            Hence, ordered,

            That the CC No. 37/2018 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to refund the amount of Rs.7,11,240/- (Rupees Seven Lakhs Eleven Thousand Two Hundred and Forty) only to the complainant along with compensation of Rs.20,000/- (Rupees Twenty Thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees Ten Thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.