This is an application u/s.2 (1)(d)(i)(ii) of Consumer Protection Act. According to the complainant he deposited an amount of Rs. 20,000/- on 25/10/2012 to the O.Ps through O.P No. 3 and the company issued certificates in this regard and the said amount deposited for 72 months. But after completion of that period the O.Ps company did not return the matured amount against the said certificates. The complainant contacted with the O.P No. 2 and who argued about him to reinvest the same amount. At first complainant was not agreed but ultimately with all assurance giving by O.P No. 2 the reinvestment was done. But the O.Ps neither issued any papers or certificates for reinvestment nor they have made payment of the said matured amount. The complainant through his Ld. Agent sent a letter demanding the said amount along with other benefits but the O.Ps did not reply of the said letter and ultimately, the complainant has filed this case for financial relief along with compensation for his mental agony and harassment etc.

            After filing of this case, notice was issued to the O.Ps concern. O.P Nos. 2 and 3 have received the said notice but did not turn up to contest the case. Notices of O.Ps were sent by registered post but no return is coming nor did he appear before the commission. So, ultimately the case is heard ex-parte.

            In support of the case the complainant has filed evidence-in-chief as well as the documents in original but the complainant did not file any written argument.

            It is a case u/s.2 (1)(d)(i)(ii) of Consumer Protection Act. The complainant has deposited sum amount to the O.Ps concern and O.Ps concern issued certificate in this regard and it was deposited for 72 months but after maturity neither any amount was paid nor it was reinvested nor any documents has been issued. We find that there is deficiency in service from the part of the O.Ps. So, the complainant is well maintainable according to law and it has been filed in the appropriate jurisdiction.

            The allegation is that the complainant has deposited amount of Rs. 20,000/- on 25/10/2012 through O.P No. 3, who is the agent of O.P No. 1 and O.P No. 1 issued a certificate in this regard which is marked Annexure – A. The documentary evidence proved that the complainant has deposited Rs. 20,000/- to the O.Ps concern. On the reversed of that certificates which is mentioned that this certificates will be matured after 72 months and this amount will be Rs. 34,090/-. But there is a provision that it can be reinvested but no reinvestment certificate has been issued from the side of the O.Ps. At the same time no amount has been paid to the O.Ps but it also appears from the Advocate’s notice i.e. Annexure – B that the complainant through his Advocate demanded the said maturity amount but no reply from the side of the O.Ps. So, from the entire scrutiny of evidence on record it appears that there is a deficiency in service from the side of the O.Ps regarding non-payment of matured amount of Rs. 34,090/- after 72 months and there is deficiency in service from the side of the O.Ps regarding non-issue of reinvestment certificates or any document regarding reinvestment after the maturity date. So, we find that the complainant is entitled to get the same amount along with interest and other monitory benefits.

            After discussion of the above facts and circumstances we find that the complainant is entitled to get an amount of Rs. 34,090/- along with 8% interest from the date of expiry of 72 months from 25/10/2012 till the repayment of the said amount. We also find that the complainant entitled to get Rs. 10,000/- of his mental agony and harassment and Rs. 5,000/- as litigation cost.

Hence, for ends of justice, it is;

                                                                        ORDERED

            that the instant case be and the same is allowed ex-parte with costs against the O.Ps.

            The O.Ps are directed to make payment of Rs. 34,090/-  along with 8% interest from the date of expiry of 72 months from 25/10/2012 till the repayment of the said amount and the O.Ps also to pay Rs. 10,000/- for her mental agony and harassment and Rs. 5,000/- as litigation costs. The O.Ps are directed to make the above payment within one month from the date of receiving of this said order i.d. legal action will be taken against him.

             Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.