Ld. Advocate(s)                                  

                        For Complainant:  Makubul Rahaman.

                        For OP/OPs  : None

Date of filing of the case        :24.09.2019

Date of Disposal  of the case            : 18.04.2022

Final Order / Judgment dtd.18.04.2022

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.17,050/- ( Rupees   Seventeen thousand fifty only)  dtd 29.09.2012 vide no. 562006792905 before the office of OP no. 1  in Fixed Deposit Scheme and a written  document was  prepared by OPno.1 to that effect and handed over the same to him. But after maturity date he went to the office of OP no. 1 on 16.01.2019 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.  but he did not get any fruitful  result. Hence, he lodged this complaint before this Commission praying for appropriate 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 report  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 the aforesaid 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 fixed certificate relating to aforesaid and fixed deposit dtd 29.09.2012 vide no. 562006792905

Ld. Adv. for the complainant submitted Affidavit – in – Chief  which is unchallenged testimony. He also filed brief  notes of arguments. He also made verbal submission. None appeared on behalf of the OPs before this Commission.

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

DECISION WITH REASONS

It is the case of the complainant that he deposited  Rs. 17050/-(Rupees seventeen thousand fifty only) before  the  office of Op no. 1 under Ops in the fixed deposit Scheme described as Sahara Q Shop Plan H dtd. 29.09.2012 and after lapse of maturity date is 29.09.2018  he felt the necessity to withdraw the same and he went before the office of Op no. 1 on  16.01.2019 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. 19.06.2019 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 hose 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 within the preview of C.P.Act 1986 under the OPs and subject matter of the complainant 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  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 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 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 With cost.

That  the  OPs no 1-4jointly or severally are hereby directed to refund the maturity value of the aforesaid fixed deposit amounting to  Rs.40,142/-(Rupees Forty thousand one hundred forty two only) along with further  interests @ 10 % from the date of maturity of the said fixed deposit i.e from 29.09.2018 to till the actual  date of payment.

OPs no. 1-4 jointly or severally are further directed to pay compensation amounting Rs3000/- for the harassment, mental pain and agony of the complainant.

OPs no. 1-4 jointly or severally are further directed to pay Rs.3,000/- as litigation  cost to the Complainant.

OPs  no.1-4 jointly or severally 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 .