Ld. Advocate(s)

                        For Complainant: Mokbul Rahaman

                        For OP/OPs : None

Date of filing of the case               :24.06.2019

Date of Disposal  of the case                    :  28.04.2022

Final Order / Judgment dtd.28.04.22

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.30,100/-( Rupees  thirty  thousand  one  hundred only) vide no. 562011225254 dtd 31.07.2012 before the office of OP no. 1  in Fixed Deposit Scheme and a written  document was  prepared by Op no.1 to that effect and handed over the same to him. But after maturity date is 31.07.2018, he went to the office of OP no. 1 on 18.12.2018 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.  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  complaint,  notices were  issued upon the OPs under Speed Post  and Ld. Adv. for the complainant submitted  postal track reports  which indicate the service of aforesaid notices upon the aforesaid OPs but neither the OPs nor their  representative /representatives came  forward before this  Commission to  contest this complainant case, hence  the instant case fixed for ex-parte hearing.

During Ex-parte hearing of this case, complainant produced   some original documents including the fixed deposit certificate relating to aforesaid fixed deposit vide no. 562011225254 dtd 31.07.2012

Ld. Adv. for the complainant submitted  Affidavit – in – Chief  which is unchallenged testimony  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 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.30,100/-( Rupees  thirty  thousand  one  hundred only) before  the  office of OP no. 1 under OPs in the fixed deposit Scheme described as Q Shop Plan H dtd. 31.07.2012 and after lapse of maturity date i.e 31.07.2018  he felt the necessity to withdraw the same and he went before the office of OP no. 1 on  18.12.2018 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. 07.05.2019 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 perview 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 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 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.

That  the  OPs no 1-4jointly or severally are hereby directed to refund the maturity value of the aforesaid fixed deposit amounting to  Rs.70,855/-( Rupees seventy thousand eight hundred fifty five only) along with further  interests @ 10 % from the date of maturity of the said fixed deposit i.e from .31.07.2018 to till the actual  date of payment.

OP no 1-4 jointly or severally  are further directed to pay compensation amounting Rs3,000/- for the harassment , mental pain and  agony of the complainant.

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

OP no. 1-4 jointly or severally  are further directed  to  pay aforesaid awarded amount within 30 days from the date of this 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 .