Date of filing : 28.02.2019                                                                     

Date of Judgment: 24.11.2021

Mrs. Sashi Kala Basu, Hon’ble President.

This consumer complaint is filed by the complainants namely Gouri Dutta Banik, Maitrayee Dutta Banik and Ananya Dutta Banik, under Section 12 of the C.P Act , 1986 against the opposite party  ( referred to as O.P hereinafter) namely Teacher’s Welfare Agro Limited, alleging deficiency in service on its part.

The case of the complainant, in short, is that Narayan Dutta  Banik  ( since deceased), who was the husband of the complainant no.1 and the father of complainant nos. 2 an 3 , deposited a sum of Rs.50,000/-  for 60 months on 13.4.2010 with interest @12.5% p.a with the O.P in fixed deposit being Account no. BIA/03775/10/60 . The amount payable on its maturity was Rs.1 lac on 13.4.2015. O.P is a non-banking company registered under the Company’s Act  being represented by its Director Swapan Kumar Ghosh. On maturity of the said fixed deposit when the complainants  visited the office of the O.P and asked for maturity amount, they were asked to deposit their FD Certificate in original with the said Director namely Swapan Kumar Ghosh.  But no payment was made by the O.P inspite of the repeated visits by the complainants. So, the complaint has been filed by the complainants praying for directing the O.P to pay the maturity amount of Rs. 1 lac along with interest @9% p.a , to pay Rs.30,000/- as compensation and Rs.20,000/- as litigation cost.

The complainants have filed copy of the death certificate regarding the death of Narayan Chandra Dutta Banik who died on 21.1.2016 , receipt issued by the O.P being no. BIA/03775/10/60  and copies of their respective Aadhar Cards.

The O.P has contested the case by filing written version denying and disputing the allegations.  However, it is specifically contended that the O.P offered to the complainant to make payment by instalments. But the complainants did not agree with the proposal. The O.P is ready and willing to refund the invested amount but unable to pay the same as the bank account of the O.P has been seized by the Directorate of Economic Offence.

So, the only point requires determination is  whether the complainant is entitled to the relief as prayed?

 Decision with reasons

                In support of their claim as referred to above, complainants have filed receipt no.3775/3317 in respect of the account no. BIA/03775/10/60 issued by the O.P company represented by its Director named therein. The receipt was issued in the name of Narayan Chandra Dutta Banik on deposit of an amount of Rs.50,000/- for 60 months with interest @12% p.a . The said deposit was made on 13.4.2010 and it was to be refunded on 13.4.2015. The maturity amount payable was Rs.1 lac. It is apparent from the written version filed by the O.P that the deposit of the said amount with the O.P and issuance of the certificate by the O.P has not been denied and disputed. It is specifically stated in the written version that they never denied to make the payment and had offered to the complainant to make the payment by instalments. But the complainants did not agree and the O.P is always ready and willing to refund the invested amount to the complainant. If that be so, then since admittedly the said amount was deposited by the predecessor in interest of the complainants namely Narayan Chandra Dutta Banik  (since deceased) , the complainants are entitled to refund of the maturity amount as mentioned in the receipt issued by the O.P. Copy of the death certificate has been filed by the complainant showing the death of the said Narayan Chandra Dutta Banik on 21.1.2016. So, complainants are entitled to the matured amount of Rs.1 lac along with interest @9% p.a from the date of its maturity to till this date. However, since interest is allowed, we find no justification to pass an order of compensation as prayed for.

Hence,

              ORDERED

that  CC/126/2019  be and the same is allowed on contest against the O.P.

The O.P is directed to pay Rs. 1 lac to the complainants together with interest @9% p.a from the date of maturity to till this date within 2 months from this date.

The O.P is further directed to pay Rs.8000/- as litigation cost within the aforesaid period of 2 months. In default of payment the entire sum shall carry interest @9% p.a till realisation.

On payment of the sum by the O.P, complainants shall hand over the original receipt/certificate to the O.P.