BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM; FATEHABAD.
Complaint Case No.26 of 2021.
Date of Instt.:25.01.2021.
Date of Decision: 22.10.2021.
Joginder Pal son of Gurra Ditta, aged 45 years resident of Dhani Mehtab, District Fatehabad.
...Complainant
Versus
1.Branch Manager, Lotus Agriculture & Marketing Cooperative Society Limited Model Town, near Wadhwa Hospital, Fatehabad.
2.Director Lotus Agricultural and Marketing Cooperative Society Limited, 605A, 6th Floor, Pearls Business Park Building, Neta Ji Subhash Palace, Wazir pur New Delhi.
..Opposite Parties.
Before: Smt.Neelam Kashyap, President.
Smt.Sukhdeep Kaur, Member.
Present: Sh. Rajesh Gandhi, Advocate for the complainant.
OP No.1 given up.
OP No.2 already exparte.
ORDER
The present complaint has been filed by the complainant against the opposite parties with the averments that he had deposited an amount of Rs.10,000/- on 06.02.2013 with Op No.1 by way of FD Nominational No.LNM 468000000027 & receipt bearing no.F000000027 and the FD was done for a period of seven years. After the maturity, Rs.23550/- were to be received by the complainant. The complainant visited the office of Op No.1 and came to know that the office has been closed for a long time. Thereafter, the complainant contacted the Op No.2 who assured that as and when the payment is received by the company, same would be released to the complainant. The complainant also got deposited all the requisite documents with No.2 at Delhi but till today no payment has been received by him. Due to inaction on the part of OPs the complainant has suffered mental agony, physical harassment and financial loss and as such he is also entitled for a compensation. Hence, the present complaint.
2. Notices were issued to Ops. Op No.1 has been given up by the complainant vide separate statement on 16.03.2021 whereas Op No.2 did not appear before this Commission despite notice through registered post. Hence, it was proceeded against exparte on 16.03.2021.
3. We have heard the arguments of the learned counsel for the complainant and have also perused the documents placed on record. It is the case of the complainant that he has deposited Rs.10,000/- with OP No.1 ,Branch office of Op no.2, on 06.02.2013 for seven years (Annexure C2). It is further the case of the complainant that as per the abovesaid FD after a period of 7 years an amount of Rs.23550/- were to be received by him. However, despite many visits made by him the OPs have not refunded the abovesaid amount to him and they have also not opened their office at Fatehabad for a long time. In support of his case, the complainant has placed on record his affidavit in evidence as Annexure C-1 wherein the averments made in the complaint have been affirmed. The complainant has also placed on record copy of the receipt Annexure C-2.
4. Perusal of the receipt Annexure C2 reveals that the complainant had deposited Rs.10,000/- on 06.02.2013 with Ops for a period of seven years and on maturity Rs.23550/- were to be given to the complainant which shows that the amount was deposited as a term deposit. More-so, in this very document the term period of 7 years has been specifically mentioned. The pleadings and contentions put forth by the complainant remained unrebutted as the Op No.2 did not join the proceedings of the case and opted to remain exparte.
5. In view of the aforesaid discussion, we are of the considered opinion that the complainant has been able to prove deficiency on the part of OP No.2 in rendering service to him. The present complaint is accordingly allowed and the OP No.2 is directed to make a payment of Rs.23550/- to the complainant alongwith interest at the rate of 6% from the date of filing of complaint till realization. The OP No.2 is further directed to pay Rs.10,000/- in lump sum as compensation on account of deficiency in service and litigation expenses. The order be complied with within a period of 30 days from the date of preparation of the copy of this order. Copy of this order be supplied to both the parties free of cost. File be consigned after due compliance.
