Ld. Advocate(s)
For Complainant .. Mokbul Rahaman
For OP/OPs .. Md. Sayem.
Date of Filing :22.10.2019
Date of Disposal: 16.03.2022
: FINAL ORDER dtd. 16.03.2022
An application has been filed by the complainant u/s 12 of the C.P. Act 1986 alleging deficiency in service against the OPs for non payment of the maturity amount of deposit under monthly deposit account being No: 55705100327 amounting to Rs.15000/- along with up to date interest as prayed in the petition of the complaint.
The complainant further claimed Rs.1,00,00/- as compensation due to mental pain, agony and harassment etc and litigation cost of Rs. 10,000/-.
The brief fact of the case of the complainant is that the complainant opened an account with the O.Ps under a monthly investment scheme being account No: 55705100327 and invested a sum of Rs.1000/ per month and paid 15 monthly instalments, totalling Rs.15000/.
It is the allegation of the complainant that after the date of maturity the complainant demanded the maturity amount and also submitted all original documents and pass book at the office of the O.P No:1 and requested the O.P No:1 to return the same. The complainant stated that the date of maturity of the said R.D scheme was on 10.06.2017.
It is the contention of the complainant that OP no.1 on 11.01.2019 expressed inability to pay maturity amount to the complainant and thereafter, the complainant sent advocate notice to the OP No.1 on 16.07.2019. But even after that the OP No.1 did not pay the maturity benefit to the complainant in respect of the said R.D account.
Finding no other alternative, the complainant is constrained to file this complaint before this District Forum (now District Commission) for proper redressal.
The complainant along with his complaint petition filed the following documents:-
- Copy of pass book being No. 4440, having application No: 62002704546, wherein the account number is written as 55705100327.
2. Copy of advocate letter dated16.07.2019.
Notices were served to the OPs. It appears from the Order No. 3 dated 14.02.2020 that O.P No: 2 appeared in the case and also filed V/ nama. Despite receiving notices the O.P No: 1,3 & 4 did not turn up before the Forum( Now Commission) and therefore the Forum decided to proceed with the case ex-parte against O.P No: 1,3 & 4.
Despite giving several chances to the O.P No:2 to file W/V, the O.P No:2 remained nonchalant and subsequent to his appearance he did not turn up even for a single occasion and therefore this Forum( Now Commission) decided to proceed with the case ex- parte against O.P No:2. Therefore the case has been proceeded ex-parte against all the
During hearing, the complainant filed written affidavit-in-chief and submitted the original documents as mentioned above by making annexure in order to prove the case.
From the complaint petition, evidence adduced by the complainant, following points have been framed:-
1. Is the complainant a consumer?
2. Are the OPs deficient in providing service?
3. Is the complainant entitled to get any relief as per prayed for?
Decision with reasons
All the points have taken up together for the sake of brevity and avoidance of repetition of facts.
It is seen from the evidence of the complainant and other materials on record that the complainant opened one R.D account, being No:55705100327 with the O.P No:1 branch and paid Rs.1000/ per month and the complainant paid 15 instalments and deposited Rs.15,000/. The date of maturity of the said account was on 10.06.2017.
Therefore, in our view the complainant is a consumer under OPs as per definition given U/S 2(1) (d) of the C.P Act 1986 and the O.Ps were the service providers of the complainant as per definition of U/S 2(o) C.P Act 1986.
Now, in order to ascertain, whether the OPs were deficient or not we have to consider the evidence of the complaint once again.
It is evident from the evidence of the complaint that the complainant deposited Rs.15,000/ in total by paying Rs.1000/ each month in the aforesaid R.D account and the date of maturity of the said R.D account was on 10.06.2017. The OP No. 1 and Ops Company issued pass book for the same. The OP No:1 did not pay back the maturity amount as aforesaid even after making demand and sending advocate letter. The O.P No. 2, 3 and 4 are the Regional Manager, Chief Manager and Managing Director of the same company.
In our view, of all the OPs are deficient in service for non disbursing the maturity amount of Rs.15,000/ along with up to date interest to the complainant. And the Complainant is entitled to get relief as prayed for but in part.
In order to ascertain the quantum of compensation and litigation cost we think that an amount of Rs. 6,000/-as compensation and Rs.3,000/- as cost of the proceeding are appropriate and just in order to mitigate the loss suffered by the complainant. Therefore, we award such amount as compensation and litigation cost.
The unchallenged testimony of the complainant proves his case.All the points go in favour of the complainant.
It is to be mentioned here that the instant case was filed under provision of CP Act 1986 and the case was proceeded under the said Act.
Hence , it is
O R D E R E D,
That the Consumer Complaint, being No: CC/324/2019 is allowed ex-parte but in part. All the OPs are hereby jointly and severally directed to pay the maturity amount of Rs.15,000/- along with up to date interest as per the scheme to the complainant within 45 days from the date of this order.
In default such accumulated amount,( i.e Rs. 15,000/ + up to date interest as per scheme which shall be calculated beyond 45 days from the order passed) shall carry an interest @ 8% p.a. till realisation and all the O.ps are jointly and severally liable to pay the same.
All the OPs are further jointly and severally directed to pay compensation of Rs. 6,000/- and litigation of Rs. 3,000/- to the complainant within the aforesaid period of 45 days.
In default the Complainant is at liberty to file an Execution Application for enforcement of the final order before this District Commission as per provisions of Law.
Let a free copy be given to the parties concerned as per provision of C.P.R, 2005.
