Ld. Advocate(s)                                  

                        For Complainant:  Makubul Rahaman.

                        For OP/OPs     : None

Date of filing of the case          :19.06.2019

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 in 4 schemes @10,000(ten thousand ) each =Rs. 40,000 ( Rupees  forty thousand only) dtd 31.12.2016 vide nos.925001354641, 925001354642, 925001354643 & 925001354644 before the OPs  in Fixed Deposit Scheme and 4(four) written  documents were  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 18.07.2018 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 OPs through his Ld. Adv,  but he did not get any fruitful  result. Hence he lodged this complaint before this Commission.

After admission  of the aforesaid  complaint,  notices were  issued upon the OPs under Speed Post  and Ld. Adv. for the complainant submitted  postal track report  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 fixed for ex-parte hearing.

During Ex-parte hearing of this case, complainant produced some original documents including the four fixed deposit documents dtd 31.12.2016 vide nos.  925001354641, 925001354642, 925001354643 & 925001354644                                                                                           

Ld. Adv. for the complainant submitted Affidavit – in – Chief  which is unchallenged testimony. He also filed brief  notes of argument. 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.40,000/- (Rupees forty thousand only) before  the OPs.1  under four fixed deposit Scheme  and after lapse of  maturity date i.e 30.06.2018, he felt the necessity to withdraw the same and he went to the office of OPs no.1 on 18.07.2018  for the said propose but OP no. 1 expressed his  inability to refund the maturity value.

During hearing Ld. Advocate for the complainant  argued that  in such a situation he issued a notice  dtd.30.04.2019 under Speed Post to the  OP no. 1  requesting  him to repay the maturity value  of the aforesaid  four fixed deposits  and copy of the same has also been sent to OP no. 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  the  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  four fixed deposits amounts 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 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, it is

Ordered

That the present case be and the   same is allowed ex-parte against the Ops but in part with cost.

That  the  OPs no  1 to 4 jointly or severally are hereby directed to refund the maturity value of the aforesaid  four fixed deposits amounting to  Rs. 46,520/- ( Rupees forty six thousand five hundred twenty 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 1 to 4 jointly or severally are further directed to pay compensation amounting Rs 3000/-   to the complainant for his harassment , mental pain and  agony.

OPs 1 to 4 jointly or severally are further  directed to pay Rs. 3000./- as litigation  cost to the Complainant.

OPs1 to 4 jointly or severally 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, as per provision of C.P.R, 2005.