Delhi

West Delhi

CC/16/202

Charanjit Kaur - Complainant(s)

Versus

Chairman & Manging Dir. - Opp.Party(s)

25 Sep 2019

ORDER

 

CASE NO. 202/2016

 

SMT. CHARANJIT KAUR

W/o LT. SH. J.S. JASSAL

R/o KG-1/49, VIKAS PURI,

NEW DELHI-110018.

….. Complainant

 

VERSUS

 

 

1. CHAIRMAN & MANAGING DIRECTOR

UNITECH LIMITED,

UNITECH HOUSE, L BLOCK,

SOUTH CITY-1, GU

SHOP NO. A31, I RGAON-122001.

….. Opposite Party-1

 

2. UNITECH LTD.

FIXED DEPOSIT DIVISION,

PLOT NO. 136, 2^ND FLOOR,

UDYOG VIHAR, PHASE-1,

GURGAON-122016.

….. Opposite Party-2

 

3. UNITECH LTD.

REGD. OFFICE: 6, COMMUNITY CENTRE,

SAKET, NEW DELHI-110017.

                            ….. Opposite Party-3

4. VERMA CAPITAL

C-345, VIKAS PURI,

NEW DELHI-110018.

                            ….. Opposite Party-4

 

O R D E R

PUNEET LAMBA, MEMBER

The present complaint filed under section 12 of the Consumer Protection Act, 1986.Brief facts of the present disposal of the complaint for disposal are that the complainant made fixed deposit on 03.08.2012 for 3 years for a sum of Rs. 4,00,000/- with OP-3. The fixed deposit matured on 03.08.2015 and necessary documents were submitted on 19.08.2015 in the registered office of OP-3 for processing the matured amount but OP failed to refund the maturity value despite requests and reminders.  The complainant being a widow was made to run from pillar to post, but to no effect. Hence, the present complaint for direction to pay a sum of Rs. 4,00,000/- maturity value of the fixed deposit, revalidate cheque for a sum of Rs. 12,466/- received on 21.11.2015 on account of quarterly interest alongwith interest @ 18% p.a.  and compensation for a sum of Rs. 30,000/- on account of mental, agony, physical harassment and litigation expenses.

    After notice, OP-4 appeared and filed short reply admitting that the fixed deposit amount was not refunded by OP-1 to OP-3. It is further averred that OP-4 is only sub-broker and only assist to deposit amount with the company as per investor requirement. It is further, averred that it had submitted fixed deposit receipt with the company through the principle broker for the refund of the amount and there is no further liability on their part and moreover no authority to refund the amount and prayed for the exemption from the case.

    Despite notice, OP-1 to OP-3 not appeared and accordingly were proceeded ex-parte vide order dated 10.08.2016.

    When parties asked to lead evidence, complainant filed affidavit of evidence reiterating the facts stated in the complaint on oath and relied on copy of receipt of the fixed deposit dated 04.08.2012 and copy of acknowledgment letter dated 17.10.2015.

    Despite opportunities OP-4 failed to file affidavit of evidence and accordingly was proceeded ex-parte vide order dated 19.07.2018.

    We have heard A/R for complainant and have gone through the material on record carefully and thoroughly.

    The controversy involved in the present case lies in the narrow campus as to whether the complainant is entitled for the maturity amount or not. The answer is in positive as per the receipt dated 04.08.2012, it is crystal clear that the OP is liable to pay a sum of Rs. 4,00,000/- on the maturity date i.e. 03.08.2015. Moreover, the OP-4 specifically admitted that the all documents were filed with the OP company despite that maturity amount was not refunded to the complainant. There is deficiency on part of OP-1 to OP-3.

    Keeping in view above discussions and observations, we direct OP-1 to OP-3 to pay a sum of Rs. 4,00,000/- being a maturity value alongwith the interest @ 6% p.a.  in favour of complainant from the date of maturity of fixed deposit bond and also to revalidate cheque for a sum of Rs. 12,466/- in favour of complainant and compensation for a sum of Rs. 20,000/- towards mental, agony, physical harassment and litigation expenses within 45 days from the receipt of this order failing which OP-1 to OP-3 shall be liable to pay interest @ 8% p.a. on the maturity amount and value of revalidate cheque from the date of filing the complaint till actual realization.

    File be consigned to Record Room.

    Copy of this order be given as per rules.

    Pronounced on ________25th____ September, 2019.

 

(PUNEET LAMBA)      (S.S. SIDHU)        (K.S. MOHI)

   MEMBER                     MEMBER            PRESIDENT