Punjab

Rupnagar

CC/22/158

Surinderpal Singh - Complainant(s)

Versus

Crown Credit Co op Society Ltd. - Opp.Party(s)

Yatish Mittal Adv.

31 Mar 2023

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL COMMISSION, ROPAR

    

                       Consumer Complaint No.  158 of 29.11.2022

                                  Date of decision             :    31.03.2023

 

Surinderpal Singh son of Maghar Singh, resident of Village Haveli Khurd, Tehsil  & District Rupnagar 

                                                                 ......Complainant

                                             Versus

1. Crown Credit Cooperative Society Limited, Registered Office, H-56-A, GF, Gali No.3, Laxmi Nagar, Delhi -110092m through its Managing Director/Chairman/Concerned Official
2. Crown Credit Cooperative Society Limited, Cooperative Office, Plot No.267-268 AB, Kot Mahna Singh, Namdhari Kande Wala Bazar, Tarn Tarn Road, Amritsar (Pb) 143001, through its Managing Director/Chairman/Concerned Official    

....Opposite Parties

(Complaint under the provisions of Consumer Protection Act)

QUORUM:

 

                             KULJIT SINGH, PRESIDENT

                             RANVIR KAUR, MEMBER

                             RAMESH KUMAR GUPTA, MEMBER

 

ARGUED BY:

 

For complainant:            Sh. Yatish Mittal, Advocate

For OPs:                         ex-parte

 

         

 ORDER

PER KULJIT SINGH, PRESIDENT

 

The present complaint has been filed by the complainant on the averments that the OP is a registered Multi State Cooperative Society and had been running the deposit and lending business parallel in the banks and post offices, the OP2 was its corporate office at Amritsar. The Opposite Parties also opened a Branch office at SCO No.52, First Floor, Bela Chowk, Rupnagar. The Opposite parties in order to allure started a Fixed Deposit Scheme and Recurring Deposit Scheme in which the OPs promised through various schemes the return to the person who invests in such schemes. It was also that if the depositor wants to withdraw the deposited sum in fixed term, then it will be refunded with some interest which varies with various schemes. With the said allurement, the OPs succeeded in alluring the complainant as such the complainant invested/deposited in various schemes on different dates. The complainant was in need of money in August, 2022, so he approached the OPs and requested for the refund of the above said investments done by the complainant along with interest thereon, but the OPs failed to make the payment. However, the Fixed Deposit Scheme mentioned in para No.4(d) has already matured on 28.10.2019, but the opposite parties failed to make the payment. As such, the complainant lost his trust in opposite parties. The Ops have wrongly and illegally withheld the deposited amount of the complainant. Lastly prayed to allow the complaint with the following reliefs against the OPs:-

 Be directed to the opposite parties to refund the amount of Rs.3,95,000/- along with interest @ 18% per annum ; to pay Rs.25,000/- as compensation on account of mental agony: to pay Rs.5000/- as litigation expenses. 

2.     Upon notice, the OPs have choosen to remain ex-parte vide order dated 24.03.2023. 

3.     On being called upon to do so, the learned counsel for the complainant has tendered duly sworn affidavit of complainant Ex.CW1/A along with documents Ex.C1 to Ex.C6 and closed the evidence.

4.     We have heard the learned counsel for the complainant and have gone through the record of the file especially contents of the complaint, carefully.

5.     It is admitted fact that the complainant has deposited the amount with the Ops in the shape of Fixed Deposit and to prove this fact, the complainant has placed on record receipts Ex.C1. The whole purpose of pleadings is to give fair notice to each party of what the opponent's case is and to ascertain with precision the point(s) on which the parties agree and those on which they differ. The purpose is to eradicate irrelevancy. The complaint is a concise statement of facts and if no reply is filed to the complaint, the averments made therein are deemed to have been admitted. No amount of evidence can be looked into upon a plea, which was never put forward in pleadings. A party cannot adduce evidence and set case inconsistent to the pleadings. No amount of proof can substitute pleadings, which are the foundation of the claim of the parties. When there is no pleading, the party is precluded from adducing evidence. In the present case, opposite parties have not appeared, despite service by way of giving notice and were proceeded against ex-parte. As such, the evidence adduced by the complainant remains un-rebutted.

6.     Since the Ops have chosen to remain ex-parte and otherwise also the evidence of the complainant appears to be cogent, reliable and trustworthy. We have no alternative except to believe the contents of the complaint as well as documentary evidence attached with the complaint by the complainant. It is, proved on the file that the complainant had deposited the amount of Rs.3,95,000/- with the OPs on different dates. The star documents are Ex.C1 to Ex.C6, placed on record by the complainant i.e. the receipts of deposit.   

7.         It is pertinent to mention here that the Consumer Protection Act, 2019, is benevolent legislation enacted to help the poor consumers.  

9.         In view of our above discussion, we allow the present complaint exparte and O.Ps are directed to refund Rs.3,95,000/- along with interest @ 6% per annum to the complainant. The Ops are further directed to pay a an amount of compensation to the tune of Rs.5000/- & Rs.2000/- as litigation expenses. The OPs are further directed to comply with the above said order jointly and severally within 30 days from the date of receiving of copy of this order.  Free certified copies of this order be sent to the parties, as per rules. The file be indexed and consigned to record room.

            ANNOUNCED                                                                                    (KULJIT SINGH)

            Dated.31.03.2023                                                                                    PRESIDENT

 

 

 

                                                                                                (RANVIR KAUR)

                                                                                                                              MEMBER

 

 

                                                                                                                 (RAMESH KUMAR GUPTA)

                                                                                                                                MEMBER