BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.
C.C.No.146 of 2017
Between:
1. Smt.Sushma Goenka, W/o.Subhash Goenka,
Occ: House wife, aged about 48 years
2. Smt.Pratima Goenka, W/o.Pradeep Goenka,
Occ: House wife, aged about 54 years
Both are R/o.Villa No.37, S A Palm Meadows,
Kompally, Ranga Reddy District, Hyderabad.
…Complainants
And
1. M/s.Unitech Limited,
Repd. By its Managing Director,
6, Community Centre, Saket,
New Delhi – 110 017.
2. M/s.Unitech Limited,
Mallik Estate, 2-6-3-344,
Road No.1, Banjara Hills,
Hyderabad – 500 016.
…Opposite Parties
Counsel for the Complainants : M/s.M.Rangaiah
Counsel for the Opposite party :
Coram
HON’BLE SRI JUSTICE M.S.K.JAISWAL, PRESIDENT
&
HON’BLE SRI K.RAMESH, MEMBER
WEDNESDAY, THE FIFTH DAY OF SEPTEMBER,
TWO THOUSAND EIGHTEEN
Oral Order : (Per Hon’ble Sri.K.Ramesh, Member).
***
The complaint is filed under section 17 (1) (a) Clause (i) of the Consumer Protection Act against the Opposite Parties.
The facts of the case are that the Complainant No.1 deposited an amount of Rs.8.00 lakhs in fixed deposit for a tenure of three years on 25.02.2014 vide fixed deposit receipt No.1249788, folio No.1177549 and the Complainant No.2 had deposited an amount of Rs.5.00 lakhs on 25.02.2014 for three years tenure vide fixed deposit receipt No.1249787 folio No.1252634 in the Opposite Party’s Company namely M/s.Unitech Limited.
The Complainants sent the reminder letter in advance to the Opposite Parties on 26.02.2016 with a request to remit interest amount and also to effect the change of their new address by enclosing the copies of the Aadhaar Card and cancelled cheque leaf. But the Opposite Parties failed to pay the interest. The Complainants made several attempts to call on the Opposite Parties about non-receipt of the interest and the Opposite Parties did not bother to respond the calls of the Complainants and the inaction of the Opposite Parties caused worry about their money. The deposits made by the Complainants matured on 19.02.2017 and the maturity value of deposits are Rs.11,61,738/ and Rs.7,26,086/- respectively. As per the claim the interest of their deposits shall be credited to the Complainants’ account fifteen days before maturity of their fixed deposits, but the Opposite Parties failed to honour the payment on due dates. The Complainants were shocked since the Opposite Parties neither credited the interest of Rs.3,61,738/- and Rs.2,26,086/- to their respective accounts nor refund the principle amounts of Rs.8,00,000 and Rs.5,00,000/-. The efforts made by the Complainants proved futile and the Complainants got issued a legal notice on 22.05.2017 to the Opposite Parties to pay the maturity amounts along with interest @ 25% per annum from the date of maturity till the date of payment along with Rs.50,000/- towards the legal notice and the notice was delivered to Opposite Parties and in spite of receipt of notice, the Opposite Parties failed to send the amounts to the respective accounts of the Complainants. Hence the complaint.
The notices sent to the Opposite Party No.1 served as per the postal acknowledgement whereas the notice of the Opposite Party No.2 is deemed to have been served. They did not choose to appear before the Commission to contest the claim.
The Complainant No.1 filed her Affidavit Evidence and marked Ex.A1 to Ex.A9.
Heard the counsel for the Complainant. The point for consideration is:
Whether the Complainants are entitled to seek a direction to the Opposite Parties to pay Rs.18,87,824/- and interest of Rs.1,88,783/- along with interest and compensation of about Rs.3,00,000/- towards the mental agony and Rs.50,000/- towards the costs.
The case of the Complainants are that they deposited the amount of Rs.8,00,000/- and Rs.5,00,000/- respectively on 25.02.2014 with the Opposite Parties and the scheme sponsored by the Opposite Parties is that they will credit the accrued interest into the accounts of the Complainants and pay the matured amount after the expiry of three years. In order to prove the claim, the Complainant No.1 filed Affidavit Evidence and marked Ex.A1 which consists of two fixed deposit receipts which goes to show that the Complainant No.1 deposited Rs.8,00,000/- repayable with interest @ 12.50% and the maturity date is 19.02.2017 and the maturity value is Rs.11,61,738/-. The Complainant No.2 deposited Rs.5,00,000/- in fixed deposit and the interest rate is 12.50% and the date of maturity is 19.02.2017 and the maturity value is Rs.7,26,086/- and these two fixed deposit receipts clearly goes to establish that the Complainants made deposits with the Opposite Parties. The Complainants addressed letters under Ex.A2 for change of their address. Ex.A4 letter goes to show that the Complainants made a demand to pay the interest accrued on the fixed deposits. Ex.A5 is the copy of the legal notice addressed to the Opposite Parties for payment of the maturity value of the fixed deposits made by both the Companies and the said legal notice seems to have been received by the Opposite Parties but they did not choose to respond to the claim made by both the Complainants. Ex.A1 fixed deposit receipts prove that, the Complainants deposited the said amount with the Opposite Parties and the maturity period of the said fixed deposits expires by 19.02.2017. The Opposite Parties neither responded to the legal notice issued by the Complainant nor appeared before this Commission to contest the claim. In view of the evidence of the Complainant No.1 coupled with the documentary evidence, it can be held that the Complainants are entitled to seek the amount as claimed by them. The Complainants claimed an amount of Rs.3,00,000/- towards the compensation for the mental agony and negligence of the Opposite Parties. The Complainants along with maturity value, also claimed interest on the said amounts. Therefore, it appears that a sum of Rs.50,000/- towards mental agony seems to be sufficient besides Rs.5,000/- towards costs of the litigation. Accordingly the point is answered in favour of the Complainants and against the Opposite Parties.
In the result the complaint is allowed in part and the Opposite Parties are directed to pay Rs.18,87,824/- along with interest @ 9% per annum from the date of maturity value till the date of realization and Rs.50,000/- (Rupees fifty thousand only) towards compensation and Rs.5,000/- (Rupees five thousand only) towards costs of the litigation.
Time for compliance is four weeks.
Dictated to steno, transcribed by her and pronounced by us in open Court on this the 5th day of September,2018.
PRESIDENT MEMBER
Dt.05.09.2018
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Complainants: For Opposite Parties:
Affidavit evidence of Sushma Goenka
Complainant No.1
EXHIBITS MARKED
For Complainats:
Ex.A1 is fixed deposit receipt dated 25.02.2014
Ex.A2 is letter from Complainant No.1 to Opposite Parties
Ex.A3 is Xerox copy of postal receipt
Ex.A4 is email correspondence made between Complainant No.2 and Opposite
Parties.
Ex.A5 is the legal notice dated 25.05.2017
Ex.A6 is the copy of postal receipts
Ex.A7 is the Xerox copy of postal acknowledgement
Ex.A8 is the Xerox copy of Aadhaar Card of Complainant No.1
Ex.A9 is the Xerox copy of PAN card of Complainant No.1
For Opposite Parties:
NIL
PRESIDENT MEMBER
Dt.05.09.2018
