Ld. Advocate(s)                                  

                        For Complainant: : Makubul Rahaman.

                        For OP/OPs

Date of filing of the case          :30.07.2018

Date of Disposal  of the case :19.05.2022

Final Order / Judgment dtd.19.05.2022

This is a case under section 12 of the Consumer Protection Act 1986 filed by the aforesaid complainant against the   aforesaid opposite parties praying  for redressal.

Complainant stated in the complaint that he deposited a sum of Rs 37,000/-( Rupees thirty  seven thousand  only) in three phases before the OPs  in Fixed Deposits Scheme and 3nos written  document were  prepared to that effect and handed over the same to him. But after maturity date i.e  30.03.2018 he  went  to the office  of OP no.1 on 06.04.2018 for maturity value but op no 1 expressed that he is unable to give the said maturity value.

Thereafter, he served a  notice to the OPs through his Ld. Adv.  but, he did not get any fruitful  result. Hence,  he lodged  this complaint before  this Commission. 

After admission  of the aforesaid  complaint,  notices were  issued upon the OPs under Speed Post  and Ld. Adv. for the complainant submitted  postal track reports  which indicate the service of aforesaid notices upon the aforesaid OPs but, neither OPs nor their  representative /representatives came  forward before this  Commission to  contest this case, hence  the instant case fixed for ex-parte hearing.

During Ex-parte hearing of this case, complainant produced   some original documents including the fixed deposit documents vide nos. 925003004185, 925003004186 & 925003004187   dtd 30.09.2016

Ld. Adv. for the complainant submitted  Affidavit – in – Chief  and  brief  notes of argument. He also made verbal submission.

We have carefully gone through the  aforesaid documents. No doubt regarding  genuineness  of these documents appears before me  and We think that these documents may be considered.

DECISION WITH REASONS

It is the case of the complainant that he deposited  Rs 37,000/-( Rupees thirty  seven thousand  only) before  the Ops no. 1 under OPs  in the fixed deposit Scheme  and after lapse of maturity date i.e  30.03.2018, he felt the necessity to withdraw the same and he went before  the office of OP no.1 on 06.04.2018 for the said propose but op no.1 expressed his inability to refund the maturity value.

During hearing ,the Ld. Advocate for the complainant argued  that  in  such a situation he issued a notice dtd 01.05.2018 under Speed Post to the OP no. 1 requesting him to repay the maturity value of the said fixed deposit and copy of the same also been sent to op no. 2 to 4 but  those notice did not return before him within a reasonable period which compelled him to believe that those notices have been properly served upon aforesaid OPs.

He further argued that  in such a situation he issued a notice under Speed Post to the OPs requesting  them to repay the maturity value  of the said fixed deposit but said  letter did not  return before him within a reasonable  period  which compelled him to believe that those notices  have been properly served upon aforesaid OPs.

We also find from the documents on  record that OP no.1 is the representative of OP no.2-4. We also find that complaint is the consumer within the purview of C.P.Act 1986 under the OPs and subject matter of the complaint is under the jurisdiction of this commission. 

Considering the materials on record and in view of the aforesaid  discussion we do not find any reason to disbelieve the aforesaid contention  of the complainant. So, we are of the opinion that complainant deposited the aforesaid sum before the ops but they avoided the maturity value to the complainant . So, it is held that  OPs have jointly  or severally and   willfully  neglected  to return the maturity value of aforesaid fixed deposits to the complainant

So, we are  of the further view that complainant  has able to establish his prima facie grievance against the OPs before this Commission which amount to deficiency    of services on the part of OPs.

Accordingly, we are of the opinion that complainant is entitled to  get relief as per his prayer.

In the result petition of the complainant succeeds.

Hence,

Ordered

That the present case be and the   same is allowed ex-parte against the OPs but in part with cost.

That  the  OPs no  1 to 4 jointly or severally are hereby directed to refund the maturity value of the aforesaid fixed deposits amounting to  Rs 43,031/- ( Rupees  forty three thousand thirty one only) along with further  interests @ 9 % from the date of maturity of the said fixed deposit i.e from 30.3.2018 to till the actual  date of payment.

OPs 1 to 4 jointly or severally are further directed to pay compensation amounting Rs 3000/-  for the harassment , mental pain and  agony of the complainant.

OPs 1 to 4 jointly or severally are further  directed to pay Rs. 3000./- as litigation  cost to the Complainant.

OPs 1 to 4 jointly or severally are further directed  to  pay aforesaid awarded amount within 30 days from this date  to the complainant, failing which complainant shall have  liberty to put  this order  into execution.

            Let a  plain copy to this final order be supplied  to the complainant free  of cost as per provision of C.P.R,2005.