Ld. Advocate(s)

                        For Complainant: Mokbul Rahaman

                        For OP/OPs : None

Date of filing of the case                :29.07.2019

Date of Disposal  of the case         : 31.03.2022

Final Order / Judgment dtd.31.03.2022

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.5,000/- before the office of OP no. 1  in Fixed Deposit Scheme and a  document was  prepared by Op no.1 to that effect and handed over the same to him. But after maturity date i.e 07.11.2017 he went to the office of OP no. 1 on 26.08.2018 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 OP no.1 through his Ld. Adv. And copy of the same also been sent to op no. 2-4 but he did not get any fruitful result. Hence he lodged this complaint before this Commission praying forappropriate relief and redressal.

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

During Ex-parte hearing of this case, complainant produced   some original documents including the certificate relating to aforesaid fixed deposit dtd. 07.11.2017.      

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

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

DECISION WITH REASONS

It is the case of the complainant that on 07.11.2007 he deposited Rs. 5,000/- before the office of OP no. 1 under OPs in the fixed deposit Scheme described as Sahara Unique Scheme and after lapse of maturity date i.e 07.11.2-17 he felt the necessity to withdrawn the same and he went before the office of OP no. 1 on 26.08.2018 for the said purpose but op no. 1 expressed his inability to refund the matured value.

During hearing Ld. Advocate for the complainant argued that  in such a situation he issued a notice  dtd. 18.03.2019 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.

We also find from the documents on record that OP no.1 is the representative of op no. 2-4. We also find that complainant is the consumer under the OPs within the preview of C.P.Act 1986 and subject matter of the complainant is under the jurisdiction of this commission. We also find that cause of action of this case has arisen on 20.03.2019 and complainant has filed this case on 29.07.2019 i.e within the period of limitation.

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 to return 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 deposit amount to the complainant

So we are  of the further view that complainant  has able to established his prima facie grievance against the OPs before this Commission which amount to deficiency  of services on the part of OPs under the purview of C.P.Act 1986.

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

In the result petition of the complainant succeeds.

Hence, it is

ORDERED,

That the present case be and the   same is allowed ex-parte against the OPs With cost.

That  the  OPs no 1-4 jointly or severally are hereby directed to refund the maturity value of the aforesaid fixed deposit amounting to  Rs.15,530/- along with further  interests @ 10 % per annum from the date of maturity of the said fixed deposit i.e from 07.11.2017 to till the actual  date of payment.

OPs are further directed to pay compensation amounting Rs.3, 000/- for the harassment, mental pain and agony of the complainant.

OPs are further directed to pay Rs.3,000/- as litigation cost to the Complainant.

OPs are further directed to pay aforesaid awarded amount within 30 days from the date of order 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 duly authenticate by the   Registrar of this Commission.