Haryana

Ambala

CC/31/2018

Sushma - Complainant(s)

Versus

Atlas Cycles - Opp.Party(s)

07 Jun 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 31 of 2018

                                                          Date of Institution         : 23.01.2018

                                                          Date of decision   : 07.06.2018

 

 

Sushma w/o Pawan Kumar Modi r/o H.No.107 R Model Town, Ambala City, Haryana

……. Complainant.

 

 

Atlas Cycles Haryana Ltd. (Fixed Deposit Unit), Atlas Nagar, Atlas Road, Industrial Area, Sonepat-181001, Haryana through its Unit Head (Fixed Deposit)

 

 

 ….….Opposite Party.

 

Before:        Sh. D.N. Arora, President.

                   Sh. Pushpender Kumar, Member.

 

 

Present:       Ms. Suraj Rashmi Sharma, counsel for complainant.  

OP ex parte v.o.d.26.04.2018.

                    

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant deposited Rs.2,51,000/-in the FDR of Atlas Cycles Fixed deposit scheme of Sonepat vide FDR no.105356 folio no.S0055 with date since effective-4/10/2014 for year at the interest of 11.50% p.a. with repayment due date 04.10.2015 in cumulative scheme. The OP issued an FDR on 23.01.2015 at the interest of 11.50% p.a. of Rs. 2,51,000/- having maturity amount of Rs. 2,81,436  and due  date on 04.10.2015. After the maturity of the FDR the complainant requested on 16.02.2017 for  releasing of the FDR with the interest upto date as renewal of the FDR is on automatic basis as per the terms and conditions and the original FDR was surrendered to the OP. After a lot of verbal and telephonic requests the OP sent a cheque of maturity amount of Rs. 2,81,436/- dated 15.03.2017 which was received by the complainant on 12.06.2017. The cheque dated 15.03.2017 was sent to the complainant after three months on 12.06.2017 i.e. a cheque dated March was sent to the complainant in June. When the cheque was presented to the Bank for encashment the Band didn’t honour the cheque as three months of cheque period had lapsed. The complainant’s husband then wrote a letter to the on 07.07.2017 to the Fixed deposit section of the company and also attached cheque sent by the company along with the FDR and requested for the issuance of a new cheque amounting Rs.281436+interest of the delayed period from 05.10.2015  to 15.03.2017 which the complainant has right thereof but neither the OP sent the cheque to the complainant nor gave any reply of the above mentioned letter. Then on 03.08.2017 the complainant sent a legal notice to the company through her counsel. There is unprecedented deficiency in service rendered by the OP. The complainant is suffering from considerable harassment, mental agony and financial losses. Hence, the present complaint.

2.                Registered notices issued to Op but none has appeared on behalf of  them and same was proceeded against ex-parte v.o.d.26.04.2018.

3                 To prove his version complainant tendered affidavits as Annexure C-A & C-B along with documents as Annexure C-1 to Annexure C-9 and close her evidence.

4.                We have heard learned counsel for the complainant and carefully gone through the case file. Main grievance of the complainant is that complainant has deposited Rs. 2,51,000/- in the shape of FDR Atlas Cycles Fixed deposit  Scheme of Sonepat vide FDR no. 105356 folio no.S0055  for the period of one year i.e. 04.10.2014 to 04.10.2015 @ 11.50% P.A. but OP has not paid the maturity amount. After  so many requests, OP has sent a cheque of maturity amount of Rs. 281436/- dated 15.03.2017 which was received by the complainant on 12.06.2017 when the complainant presented the above said cheque  for encashment but the bank did not honour the cheque as  three month of cheque period had lapsed.  Due to this reason husband of the complainant also wrote a letter to the OP on 07.07.2017 Annexure C-4 and also returned the above said cheque alongwith the FDR to the OP and request for issuance of new cheque and claim the interest of delay period from 05.10.2015 to 15.03.2017. The Op has not given any reply of the letter. Ultimately, the complainant sent a legal notice to the OP but OP has not paid the maturity amount alongwith the interest. As a result, the complainant has filed this complaint and prayed for giving the direction to the OP to pay the maturity amount of FDR alongwith the interest from 05.10.2015 to 08.01.2018 or till the decision of the case. In the present case, Ops despite registered notice not pursued the case and they were proceeded against exparte. As such, the contents enumerated in the complaint remained un-rebutted and thus we have no other option except to believe the version as well as documents submitted by the complainant.

5.                During the course of the arguments, counsel for the complainant has suffered a statement that an amount Rs. 3,61,383/- has been credited in the account of the complainant and amount Rs. 9,043/- has been wrongly deducting and counsel for the complainant has prayed for submitting the detail calculation as less amount has been paid to the complainant. Calculation sheet has been filed by the complainant in the Forum. As per the calculation sheet the total amount Rs. 3,72,794/- with interest is due against the OP but OP has paid amount of Rs. 3,61,383/- after deducting the TDS amount Rs. 9,034/- and also paid  the less amount Rs. 2370/-. We have gone through the calculation sheet, we observed that OP has sent the less amount Rs.2,370/- to the complainant and OP failed to issue the Form No.16 under provisions of Income Tax Act.  

6.                In view of the above discussion, the Op has not paid the maturity amount within time. They have credited the amount Rs. 3,61,000/- during the pendency of the complaint. The complainant has to knock the door of the Court for not paying the genuine amount to the complainant inspite of giving the representation & notice, therefore, the present complaint is deserve to be acceptance and same is partly allowed with cost which is assessed Rs.3,000/- and  OP is directed to comply with the following directions within thirty days from receipt of copy of the order:-

(i)     To pay the balance amount Rs. 2,370/- to the complainant.

(ii)    OP is directed to issue the Form No.16 to the complainant in lieu of deducting amount Rs.9034/- under the provisions of Income Tax Act.

(iii)  To pay the cost of proceedings Rs. 3,000/- as assessed above.

Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on : 07.06.2018                                

                                                         

                            

                        

(PUSHPENDER KUMAR)          (D.N. ARORA)

   Member                                          President