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 sum of Rs. 1, 72,450/- (Rupees One lakh seventy two thousand four hundred fifty only & 73,895/-(Seventy three thousand  eight hundred ninety five only  dtd 31.05.2016 vide certificate no. 605001654417 & 605001654423. before the office of OP no. 1  in Fixed Deposit Scheme and two written  document were  prepared by OP no.1 to that effect and handed over the same to him. But after maturity date i.e 31.05.2019 he went to the office of OP no. 1 on 24.06.2019 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,  notice 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 two fixed certificates relating to aforesaid and fixed deposit dtd 31.05.2016 vide certificate no. 605001654417 & 605001654423.

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.

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. 1,72,450/- (Rupees One lakh seventy two thousand four hundred fifty only & 73,895/-( Seventy three thousand  eight hundred ninety five only) before the office of OP no. 1  in Fixed Deposit Scheme and two written  documents were  prepared by OP no.1 to that effect and handed over the same to him. But after maturity date he went before the office of OP no. 1 on  24.06.2019 for  maturity value but op no. 1 expressed his inability to refund the same.

During hearing Ld. Advocate for the complainant  argued that  in such a situation he issued a notice  dtd. 13.08.2019 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 within the preview 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  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 grievance against the OPs before this Commission which amounts 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 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.2,64,883/-(Rupees Two lakh sixty four thousand eight hundred  eighty three only & Rs.1,13,503/-( Rupees One lakh thirteen thousand five  hundred three only) along with further  interests @ 10 % from the date of maturity of those fixed deposits i.e from 31.05.2019 to till the actual  date of repayment.

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 .