Hon'ble Mrs. Rumpa Mandal, Member
This case arises out of a complaint u/s 12 of the Consumer Protection Act, 1986. The case of the Complainant in a nut shell is that, following the proposal of OP No.1, she had opened some MIS, Fixed Deposit Account and one Recurring Deposit Account with OP No.1. It is alleged that no interest on the said investment was paid to the Complainant by them. Despite several requests, the principal amount and also the interest were not paid to the Complainant. Written complaint, in this regard, also went in vain and finally, the Complainant filed this case praying for relief (s) as prayed for.
The OPs contested this case by filing a written version and also evidence on affidavit. Their sole contention is that they are not able to make any payment in view of the fact that the matter is pending with SEBI and the Hon’ble Apex Court. As there is an embargo, it is not possible to disburse the amount to the Complainant. So, they prayed for dismissal of the case.
POINTS FOR CONSIDERATION
- Is the instant case is maintainable?
- Is the Complainant is entitled to get any relief?
- To what other relief, if any, Complainant is entitled?
DECISION WITH REASONS
All the points are taken up together for consideration.
During argument, Ld. Agent appearing for the OPs did not raise any question regarding the maintainability of the instant case. The Ops, in their written version and evidence, did not raise any dispute about the purchase of certificates i.e. MIS, Term Deposits and R/D Account by the Complainant from them.
From the papers submitted on behalf of the Complainant, it is found that the Term Deposits i.e. Fixed Deposits (Sahara-A-Select ) have not yet been matured. It is alleged that the Complainant is not getting interest in a regular way from her deposits under MIs. As a result, Complainant is facing difficulties in defraying expenses of her children. The amount she had invested in MIS is claimed to be Rs.5,37,000/- and with interest upto 05.08.19, according to Complainant, the said amount would come to Rs.5,69,220/-. That apart, the R/D Account which was opened by the Complainant is said to have been matured but the Complainant is not getting maturity amount, which is Rs.25,132/-. Despite written complaint having been filed with the Ops, she did not get any response. The amount claimed on the MIS and R/D Account was not denied by the Ops, neither in the w/v nor in the written argument. The only contention is that relating to the assets and properties of the Ops, a dispute is pending with SEBI and also before the Hon’ble Apex Court. The said dispute is between the Ops and other authorities and the Complainant is not connected with the said dispute. As the Complainant had invested with the Ops in order to secure her future, her dreams were frustrated with the Ops not being able to pay the legitimate claim of the Complainant for her investment. Therefore, Complainant has every reason to get award and finally she came to this Forum for redressal.
Having gone through the submission of the parties and also on the basis of the materials on record, we are of the opinion that the Complainant is entitled to the amount claimed on her MIS and R/D Account, but we are not going to make any order in this case as to her claim regarding Fixed Deposits, which are yet to get matured. With this, all the issues are disposed of.
Hence,
It is ordered
that the instant case be and the same is allowed on contest. The
Complainant is entitled to Rs.5,69,220/- on account of MIS and Rs.25,132/- on account of R/D Account.
The Ops are directed to pay the said amount within two months from the date of this order, failing which, awarded sum shall carry interest @ 6% per annum till realization.
This apart, Ops are directed to pay Rs.5,000/- for mental pain and harassment and Rs.3,000/- for litigation cost.
Both the Ops are jointly, and/or, severally liable to pay the said amount within two months from this date, failing which the Complainant is at liberty to execute the same through due process of law.
Let plain copy of this Order be supplied to the parties concerned by hand/by Post forthwith, free of cost for information & necessary action, if any.
The copy of the Final Order also available in the official website: www.confonet.nic.in.
Dictated and corrected by me.
