DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
PATIALA
Consumer Complaint No. 302 dt.14/08/2019
Decided on: 19/03/2021
Amarjit Kaur aged about 70 years W/o Pal Singh, R/o Village Ramgarh, P.O. Sular, District Patiala Adhar Card No.818143798507, M No.8288864209.
...Complainant Versus
1. Admire Infratech Ltd. Now as Alpine Agriculture Land Developer Ltd. Registered office at 8-9, Walia Enclave Opposite Punjabi University, Patiala through its Managing Director.
2. Satnam Singh S/o Not Known (Director) Resident of H.No.65, Ward No.9, Khansian Sanaur, Patiala.
3. Jasbir Singh S/o Late Sh. Karam Singh, (Managing Director) R/o Village Raipur, H No.110, Lakho Patti, Madlan, P O Bahadurgarh, District Patiala. M.No.9855350348.
4. Jaswinder Singh S/o Jagtar Singh R/o Virk Colony, Opp. Punjabi University, Patiala Mobile No.9781717828 Email ID Jaswinder_dir1alpine@yahoo.co.in
…Opposite Parties
Complaint under Section 11 to 14 of the
Consumer Protection Act, 1986.
QUORUM
Sh. Jasjit Singh Bhinder, President Sh. V. K. Gulati, Member
ARGUED BY:
Sh. Jaspreet Singh Adv. counsel for complainant.
Opposite Parties No.1 to 4 ex-parte.
ORDER
JASJIT SINGH BHINDER, PRESIDENT
1. Complainant has filed this complaint under Section 11 to 14 of the Consumer Protection Act, (hereinafter referred to as the Act) against the Opposite Parties namely M/s Admire Infratech Limited & Ors. ( hereinafter referred to as the OPs).
2. Brief facts of the case is that OPs are doing the business financial institution and used to open RD account in his company and after expire of period of RD account gives deposited amount with interest to the RD account holder.
It is stated that complainant has got opened a RD account with the OP on 04/03/2014 for a period of 36 months vide distributor ID No and date 880281/2014 for monthly basis. The complainant had been depositing sum of Rs.1000/- PM till 36 months till the maturity of the RD account. The complainant has deposited in the RD account sum of Rs.36000/- upto 36 months as per the distributor certificate from the date of commencement to the date of maturity. The complainant was to be given a sum of Rs.47664/- with interest as per terms of RD account.
3. That complainant has deposited all documents and other fundamental records with the OPs. The OPs assured the complainant that the amount above said will be given after three months and that they have issued a depositing receipt to the complainant. Complainant along with others sent a joint legal notice to the OPs through Email to make the payment and requested them to disburse the amount to the complainant but neither the OPs make the payment nor sent satisfactory reply to the complainant. Hence this complaint with a prayer to accept this complainant and OPs be directed to release the amount of Rs.47,664/- to the complainant alongwith interest @18% from the date of deposit of the documents till filling of the complaint and entitled to get the interest @ 24 % from the date of filling the complaint till release of the amount and is entitled to damages of Rs.50,000/- as well as cost of the complaint.
4. On being put to notice, the OPs No.2&3 failed to come present despite service through registered post dt.16/09/2019 and were accordingly proceeded against exparte. OPs No.1&4 are confined in Central Jail Patiala, so they be summoned through Superintendent of Central Jail Patiala, accordingly OPs No.1 & 4 are also proceeded against ex-parte.
5. Ld. Counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Ex.C-1 copy of deposit slip, Ex.C-2 copy of policy, Ex.C-3 copy of premium slip, Ex.C-4 copy of Rd summary, Ex.C-5 copy of application, Ex.C-6 copy of postal receipt, Ex.C-7 & Ex.C-8 copies of registration certificates, Ex.C-9 & Ex.C-10 copies of list of Directors, Ex.C-11 copy of legal notice, Ex.C-12 copy of Adhaar Card and closed the complainant evidence.
6. We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
7. So from the unrebutted evidence on record, the complaint stands allowed and complainant is entitled to get the refund of Rs.47,664/- deposited by the complainant with the OPs along with interest @ 9% from the date of deposit of the amount. Opposite parties are also directed to pay Rs.10, 000/- as compensation and Rs.10,000/- as cost of litigation to the complainant. Compliance of the order be made by the OPs within a period of 45 days from the date of receipt of the certified copy of this order.
ANNOUNCED*
Dated: 19/03/2021
V. K. Gulati Jasjit Singh Bhinder
Member President