Ld. Advocate(s)
For complainant .. Subhasis Roy
For OP/OPs .. Pritha Mondal
Date of Filing : 18.01.2018
Date of Disposal : 20.09.2018
: JUDGEMENT & ORDER dtd. 20.09.2018 :
Nonpayment of the maturity value of three fixed deposits of the certificate holder herein the complainant has obliged him to lodge this complaint u/s 12 of the C.P. Act 1986 for redressal.
The summation of the fact goes that the complainant had purchased three fixed deposits certificates bearing numbers 925000495163 on 09.10.2015 amounting to Rs.15,000/-, 925000495164 on 09.10.2015 amounting to Rs. 15,000/- and 317000122901 on 05.09.17 amounting to Rs. 39565/- with the OP 1 through OP 2 & OP 3. According to the certificates condition complainant is entitled to get total maturity value of Rs.75,632/- for 3 deposit certificates together with interest as per norms of the OPs. The complainant has made claim as per rule, but no payment has been made by the OPs. The complainant in his averment had prayed for directing the OPs to make a payment of Rs. 75,632/- together with interest as per norms of the OPs till the date of full realization and a compensation of Rs.50,000/-for adopting unfair trade practice by the OPs.
After receiving the notice OP No. 2, Sri Suman Rakshit on behalf of the Sahara Credit Cooperative Society Ltd. appeared before this Forum on 12.04.18. He also filed a petition praying for time to make payment to the complainant. Thereafter on 27.08.18 & on 18.09.18 he also appeared before this forum by filing petitions praying for time to make payment but the same were rejected.
The complainant has filed original document of Sahara Credit Co-operative Society Ltd. It reveals from this certificate that Pratima Sheel, herein the complainant deposited a sum of Rs. 75,632/- in total for 3 deposit certificates under Sahara Credit Co-operative Society Ltd.
On 18.09.2018 the complainant filed a petition stating that the OP had already paid Rs. 48,592/- to the complainant out of Rs. 75,632/-. Now the complainant is entitled to get a sum of Rs. 27,040/- only together with interest.
From the above discussion, it is clear that the complainant is entitled to get the rest amount of Rs. 27,040/- only out of Rs. 75,632/- together with interest from the OP, Sahara India. It is the deficiency in service of the OPs not to make payment of the rest amount in time. The complainant is not responsible for the internal disturbance of the OP Company.
Hence, it is
O R D E R E D,
That the OPs are directed to make payment of Rs.27,040/- only out of Rs.75,632/- together with interest to the complainant within 30 days from the date of this order, failing which an interest of @ 10% per annum will be imposed on the amount of Rs. 27,040/- up to the date of this order. A compensation of Rs. 7,000/- for adopting unfair trade practice along with litigation cost of Rs. 3,000/- are also to be paid to the complainant by the OPs within 30 days from this order.
The case be and the same succeeds on contest.
Let a plain copy of this order be furnished to the parties forthwith free of cost.