Haryana

Ambala

CC/102/2018

Ram Kumar - Complainant(s)

Versus

Hans Raj - Opp.Party(s)

27 Jun 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

 

                                                          Complaint case no.        : 102 of 2018

                                                          Date of Institution         : 14.03.2018

                                                          Date of decision   : 27.06.2018

 

 

1.       Ram Kumar alias Raju son of Sh. Nanku,  aged about 40 years,

2.       Vicky son of Sh. Ram Kumar alias Raju, aged about 13 years.

3.       Om son of Sh. Ram Kumar alias Raju, aged about 11 years,

4.       Sagar son of Sh. Ram Kumar alias Raju, aged about 10 years.

 

The complainant no.2, 3 & 4 represented through SPA/authorized representative Sh. Ram Kumar alias Raju, and Ram Kumar alias Raju being their father, natural guardian and next friend and complainant no.1 for self.

All residents of House No. 534, Sapatu Road, Ambala City.

……. Complainants.

 

Vs.

 

1.       Hans Raj, (Name of the father to be enclosed by the respondents)

2.       Ganesh, son of Sh. Hans Raj,

3.       Kartik son of Sh. Hans Raj,

 

All three residents of House No.642/39/22-A, Fatak No.127, Hari Nagar, Ambala City–Haryana (Business Address Ganesh Kartik Finance Co. (Registration No. 928) 127-C, Railway Fatak, Hari Nagar, Ambala City-134003.

 

 ….….Opposite Parties.

 

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

                   Sh. Pushpender  Kumar, Member.            

                  

Present:       Sh. Darshan Lal Sharma, counsel for the complainant.

OPs already proceeded ex parte v.o.d. 04.05.2018.

 

 

ORDER:

In nutshell, brief facts of the present complaint is that the present complaint is filed on behalf of the complainant no.1 for self and on behalf of his children who are minors.  The OP No.1 is father of the Op Nos. 2 & 3 and they approached the complainant that they are running their business of finance in the name & style of Super Ganesh Kartik Finance Co. in Ambala City. They showed various rozy pictures to the complainant that if the complainant will deposit the amount into their finance company in that case, the complainant will get lot of benefits as they are paying lot of interest on the deposit amount.  The complainant no.1 after coming into the talks and other  rozy pictures, shown by the OP Nos.1 to3, started five copies into his own name and into the name of his three minor children. There  are two copies of FDRs into the name of complainant no.1 and other three in the name of minor children. It is pertinent to mention here that the OP Nos.1 to 3 were collecting the above said money/amount of Rs.5000/- per month from the complainant at home i.e. Rs.1000/- per copy of all the complainants. The complainant  has deposited a sum of Rs. 120000/- in all the copies. After completion of all the above said copies of FDRs  the complainant no.1 approached the OP Nos.1 to 3 to return  the above said amount alongwith interest on each on every copy will be refunded by them after maturity. But, all is in vain as the Ops rather to give the amount back to the complainants alongwith, used the filthy and abusive language to the complainant. After waiting for a long period/time, finding no solution, the complainant give an application in the police post no.1, P.S. Ambala City to this effect, but in vain as  the police concerned paid no heed to the genuine request of the complainants. The complainant no.1 and his all the family members have suffered too much from the hands of the Ops due to their deficiency in service, and hence the complainant comes under the category of unfair trade practice. Hence, the present complaint.

2.                Registered notices issued to Ops No. 1 to 3 but none have turned up on their behalf and they were proceeded against ex-parte vide order dated 04.05.2018.  

3.               To prove his version complainant tendered his affidavit as Annexure C-A with documents as annexure C-1 to C-5 and close his evidence.

4.                We have heard counsel for the complainant and carefully gone through the case file. It is proved on the file that the complainant  No.1 has deposited the  Rs.1,000/- per month continuously for the period of two years  19.01.2014 upto 11.12.2015  and deposit the total amount Rs. 24,000/- as per Annexure C-1  in the name of his son OM and similarly he deposited  the Rs. 1,000/- per month continuously for the period of two years as per Annexure C-2 from 15.01.2014 to 01.12.2015 total amount Rs. 24000/- and he  deposited the amount Rs. 24000/- in the name of his son Vicky for the period 15.01.2014 to 11.12.2015 as per Annexure C-3 and he deposited the amount Rs. 24000/- in his name for the period 04.09.2013 to 20.08.2015 for  two years as similarly he deposited the amount Rs.24,000/- for the period 04.01.2014 to 11.12.2015 as per Annexure C-4 & C-5 respectively with the Ganesh Kartik Finance Company constituted by OP Nos. 1 to 3. The whole amount has been deposited by the complainants on monthly basis i.e. Rs. 1000/- per month. The complainant has claimed Rs. 30,000/- against the deposited amount on maturity on the abvoesaid FDRs.  In the present case, the OP Nos.1 to 3 have also proceeded against ex-parte, therefore, 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.                In view of above facts, it is clear that the Ops have used the hard money of the complainants but Ops have failed to pay the abovesaid amount after maturity. We hold that the Ops are deficient in service not paying the amount deposited after maturity to the complainants. Thus, the present complaint is deserve to be accepted and same is hereby allowed with cost assessed Rs. 3000/-. Therefore, it would be appropriate in the interest of the justice, we direct the Ops to refund amount of Rs. 30,000/- each in all the FDRs alongwith 9% each on deposited amount from the date of filing of complaint till its realization and Ops are directed to comply with the direction within thirty days from receipt of copy of the order. 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: 27.06.2018

 

 

                    

 

 (PUSHPENDER KUMAR)                (D.N. ARORA)

                   Member                                         President