Negligence on the part of the OP to return the invested money of the complainant with interest has galvanized the complainant to file the instant complaint u/s 12 of the C.P. Act, 1986, alleging deficiency in service in payment of the dues of the complainant on the part of the OP.

            The facts leading to the filing of the instant complaint by the complainant may be epitomized as follows.

            OP is renowned society- registered under Multi State Cooperative Societies Act, 2002, and OP is the registered franchisee of the aforesaid society working at Balurghat in the district of Dakshin Dinajpur. The complainant made investment of two fixed deposits of Rs.16,000/- and Rs.15,000/- (Total Rs.31,000/-) for term of 8 (eight) years being Certificate No.351001064734 & Account No. 60383701588 dt. 01.12.2011 and ther Certificate No.351001299402 & Account No. 60384200063 dt. 05.01.2012 respectively, but the complainant has surrendered both the accounts after 5 (five) years.

            Another one fixed deposit of Rs.2,00,000/- for term of 3 (three) years being Certificate No.304000777514 & Account No.60385400212 dt. 26.9.2014, it has also been surrendered after 3 (three) years.

            The complainant has deposited all the aforesaid amounts, on condition to return the same the entire fixed deposits amount with 12% interest p.a. After 5 years, the complainant submitted his prayer for surrender value to the OP on 1.12.2016 and 5.1.2017 respectively on respective value of Rs.28,832/- against A/c No. 60383701588 and also Rs.27,030/- against A/c No. 60384200063 and after 3 years the complainant submitted his prayer for surrender value on 26.9.2017 for Rs. 3,24,000/- against A/c No. 60385400212 in favour of the complainant.

            After the surrender of the stipulated date the complainant approached the office of OP on several times and requested him to make payment of money invested by him with due interest, but, OP has turned up deaf ear to the grievance of the complainant, as a result of which the complainant has suffered a considerable amount of mental loss and physical harassment. Now, the complainant has come up before this Forum with the filing of the instant case praying for passing an order directing the OP to make total payment of Rs.3,79,862/- with interest @ 12% p.a. Rs.10,000/- as compensation for mental pain and harassment and Rs.10,000/- as the cost of the proceeding. Hence, arises the case.

            OP has filed a written statement wherein he has admitted the grievance of the complainant. He has admitted that the complainant invested the money as alleged by him in the complaint and that they are also ready to make payment of the surrender value of the said money to the complainant along with interest. They have prayed for sometime to have the process for payment cleared.

DECISION  WITH  REASONS

            It is the case of the complainant that he invested Rs. 3,79,862/- with the OP society and that the OP society agreed to pay interest @ 12% p.a. upon the said fixed deposits. These grievances of the complainant are fully admitted by the OP. OP has not disputed the quantum of deposited amount by the complainant at any point of time. The complainant has demanded 12% interest upon the invested amount and the claim of the complainant has not also been rebutted by the OP. If the claim of the complainant is not rebutted by the OP, it is implied that such claim has been admitted by the OP. Regard being had to these aspects and the factual matrix of the versions of both the sides, we are of the opinion that the OP is liable for deficiency in service in not returning the sum invested by the complainant with accrued interest as agreed upon by and between the parties.

            In the result, the case succeeds.

            Hence,

O R D E R E D

            that the complaint case be and the same is allowed on admission against the OP. The costs of litigation is determined to be Rs.5,000/-.

            The OP, being liable for payment of the decreetal amount, is hereby directed to make payment of Rs. 3,79,862/- being the amount of investment i.e. Rs. 2,31,000/- together with 12% interest p.a. thereon date of judgment plus Rs.5,000/- as cost of litigation and Rs.8,000/- as compensation for mental agony and physical harassment of the complainant within a period of 45 days from the date of this order, failing which the decreetal / awarded amount i.e. Rs.3,79,862/- and the compensation amount i.e. Rs.8,000/- will bear an interest @ 10% p.a. thereon until full realization of the said amount.

            Let a plain copy of this order be supplied free of cost at once to the parties concerned.