Ld. Advocate(s)                                  

                        For Complainant: : Makubul Rahaman.

                        For OP/OPs

Date of filing of the case         :18.10.2019

Date of Disposal  of the case            :25.05.2022

Final Order / Judgment dtd.25.05.2022

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 12,000/( Rupees twelve thousand only)  before the OPno.1  in Fixed Deposit Scheme and a written  document was  prepared to that effect and handed over the same to him. But after maturity date i.e 30.06.2018 he went  to the office  of Op no.1 on 14.01.2019 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 OPs through his Ld. Adv.  but he did not get any fruitful  result. Hence  he lodged  this. Complaint before  this Commission  praying  for  redressal

After admission  of the aforesaid  complaint,  notices were  issued upon the OPs under Speed Post  and Ld. Adv. for the complainant submitted  that postal track reports  which indicates 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 instant case was fixed for ex-parte hearing.

During Ex-parte hearing of this case, complainant produced   some original documents including the fixed deposit documents dtd 30.6.2012

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

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

DECISION WITH REASONS

It is the case of the complainant that he deposited  Rs 12,000/( Rupees twelve thousand only) before  the OPs no. 1 under OPs  in the fixed deposit Scheme  described as Q Shop Plan H and after lapse of maturity date is 30.06.2018, he felt the necessity to withdraw the same and he went before  the office of OP no.1 on 14.01.2019 for the said propose but op no.1 expressed  his inability to refund the matured value.

During hearing,the Ld. Advocate for the complainant argued  that  in  such a situation he issued a notice dtd.16.07.2019  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 OPno. 2 to 4 but  those notices 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 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 Ld. Adv. for the complainant. So, we are of the opinion that complainant deposited the aforesaid sum before the OPs but they avoided  to pay 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 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 costs.

That  the  OPs no  1 to 4 jointly or severally are hereby directed to refund the maturity value of the aforesaid fixed deposit amounting to  Rs.28,248/-(Rupees  twenty eight thousand two hundred forty eighty only) along with further  interests @ 9 % from the date of maturity of the said fixed deposit i.e from 30.06.2018 to till the actual  date of payment.

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

OPs are further  directed to pay Rs. 3000./- as litigation  cost to the Complainant.

OPs 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.