This ex-parte order arise out of a complaint filed by the complainant on 25.5.2015 under Section-12 of C.P Act for realisation of fixed deposit amount along with compensation from the OPs

The complainant No.1 and on behalf of Sohini Sangita Dash, her father Sri Basanta Kumar Dash as complainant No.2 filed this complainant against the OPs and stating that on 26.7.2008 the Complainant No.1 deposited Rs.5000/- with its date of maturity on 27.7.2015 having its A/c No.224 and deposited Rs.15000/- on 21.8.13 with its date of maturity on 22.8.2014 having its A/c No.588. The daughter of Complainant No.2 Sohini Sangita Dash in her name Rs.40000/- was deposited on 08.08.2012 with its date of maturity on 09.08.2013 which was renewed for 44000/- on 20.8.2013 with lits ate of maturity on 10.8.2014 having its A/c No.565. As the above deposits were matured the complainant approached the OP No.1 in writing on 18.10.2014 but OP No.1 did not respond.

Thereafter he approached OP No.2 & No.3 for getting their deposited amount with interest. But no action was taken . Hence he filed this case for realisation of the same.

The complaint was admitted in respect of A/c No.588 dated 21.8.2013 and 565 dated08.08.2012 renewed on 20.8.2013 of complainant No.1 and 2 respectively except in respect of A/c No.224 for Rs.15,000/-.

The OPs appeared in this case but set ex-parte on 30.6.2015 due to non filling of written version.

Sri Basanta Kumar Dash the legal guardian of Complainant No.2 and complainant No.1 filed evidence on affidavit and submitted the original fixed deposit receipt of A/c No.588 dated 21-8-2013 and A/C No.565 dated 08.08.2012 of which the xerox copies along with the xerox copies of representations made to the OPs on different dates have been filed along with the complaint.

The complainant No.1 and her husband who is the legal guardian of complainant No.2 has corroborated the averments made in their complaints and the amount mentioned in fixed deposits receipt they have approached to OP No.1 for the payment of maturity value of the fixed deposit, but was not heard by him inspite of writing made on 15.10.2014 and 18.11.2014 which have been received by him. They also approached the OP No.2 & 3 for its payment on 17.4.2015 and 20.4.2015 but no action was taken . Though the deposited amount of A/c No.588 and 565 of complainant No.1 and 2 have been matured but due to deficiency of service of the OPs the matured value with its interest as per the rate mentioned therein have not been paid to them. The OPs did not chose to contest the complaint . So from the sole testimony of complainants the complaint is allowed due to deficiency of service of the OPs in respect of A/c No.565 and 588 of complainant No.2 and 1 respectively. Hence we order ;

ORDER

The complaint is allowed in part on ex-parte with cost. The OPs are jointly and severally liable to pay the deposited amount in respect of A/c No.588 dated 21.8.2013 along with the rate of interest mentioned there in in favour of complainant No.1 and to pay deposited amount in respect of A/c No.565 dated 08. 08. 2012 which was renewed on 20. 8. 2013 with its rate of interest mentioned therein in favour of complainant No.2 till its payment along with compensation of Rs.6000/- (six thousand)only and litigation cost of Res.1200/- ( One thousand two hundred ) only within two months from the date of this order.