BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.331 of 2018
Date of Instt. 16.08.2018
Date of Decision: 09.04.2019
Ajinder Singh S/o Lachman Singh, Age 49 Yrs., H. No.1019, Gali No.4, Sant Nagar, Ladowali Road, Jalandhar-144001 Mobile Phone No.8264563276, 9815304632.
..........Complainant
Versus
Harinder Hire Purchase Ltd., 1st Floor, Near Hotel Kings, G. T. Road, Jalandhar. Through its Managing Director/Director/Authorized Representative.
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Smt. Jyotsna (Member)
Present: Sh. Sumit Verma, Adv Counsel for the Complainant.
Sh. R. K. Kashyap, Adv Counsel for the OP.
Order
Karnail Singh (President)
1. This complaint has been filed by the complainant, wherein alleged that the OP is a Finance Company, engaged in the business of accepting deposits from the public. On 16.05.2015, the complainant deposited a sum of Rs.19,445/- with OP for a period of 36 months @ 11% interest PA. The OP issued an FDR to the complainant, vide No.16128 dated 16.05.2015, which has to be matured on 16.05.2018 with maturity value of Rs.27,007/-.
2. That when the complainant approached the OP to get the payment of above said matured FDR, the OP refused to give the payment on one pretext or the other and told the complainant that “We are in fund crises and not in position to make payment of above said FDR” and further quoted “We will try to make payment of your FDR if the payment arranged.
3. That on 13.07.2018, the complainant sent registered legal notice through his advocate requesting the OP to give the payment of above said FDR to the complainant within 7 days. Despite repeated request as well as personal visits, the OP did not agreed and ultimately, the complainant served a legal notice to the OP, but all in vain and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OP be directed to pay the matured amount of FDR i.e. Rs.27,007/- along with further interest from the date of maturity @ 11% per annum from 16.05.2018 to 16.08.2018 and further OP be directed to pay litigation expenses of Rs.5500/- and compensation for physical harassment of Rs.60,000/-.
4. Notice of the complaint was given to the OP, who appeared and filed written reply, whereby contested the complaint by taking preliminary objections that the present complaint is not maintainable under the provisions of 'Consumer Protection Act', as such, the same is liable to be dismissed. It is further averred that no cause of action has arisen to the complainant to file the present complaint. It is further submitted that the present complaint is bad for non-joinder of necessary party because the Director of the company is a necessary party. It is further alleged that the instant complaint is time barred. It is further alleged that the issue in question in the present complaint is of commercial nature and therefore, the complaint is not maintainable. On merits, it is admitted that the complainant deposited an amount on 16.05.2012, vide FDR No.15842 and further submitted that the complainant never approached the OP to get the payment of the above said matured FDR. The other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits and the same may be dismissed.
5. The complainant filed Rejoinder of the written reply and whereby reasserted the entire facts as detailed in the complaint and denied those of the written statement.
6. Further in order to prove their respective claim, both the parties produced on the file respective documents along with the pleadings.
7. We have heard the argument from learned counsel for the respective parties and also gone through the case file very minutely.
8. The case of the complainant in regard to deposit of an amount of Rs.19,445/- and against that amount, FDR was issued by the OP, is not in dispute. Rather the OP alleged in Para No.3 on merits of the Written Reply that the complainant never approached to the OP to get the payment of the above said matured FDR. It means the OP has admitted the entire case of the complainant, even the OP also alleged that the payment is still remained with the OP being reason the complainant never approached to the OP. Now question remains whether the complainant virtually ever approached to the OP for making the payment of said matured FDR, regarding that a legal notice served by the complainant on 13.07.2018 and in response to that legal notice, the OP did not bother to pay the matured amount, if the OP is ready to make the payment, then why the OP did not give offer to the complainant to get the payment of matured FDR. Apart from that the photostat copy of the FDR is available on the file Ex.C-1 having number 16128 dated 16.05.2015 and its maturity value is Rs.27,007/- and maturity date 16.05.2018, there is not iota of documents available on the file, served by the OP to the complainant that his FDR is matured and get the payment, so, it means the OP also did not call upon the complainant to get the payment of the matured FDR. So, under these circumstances, we find that the OP himself is negligent for not paying the maturity amount, despite repeated request of the complainant, which is tantamount of deficiency in service and accordingly, we reached to the conclusion that the complainant is entitled for the relief claimed and accordingly, the complaint of the complainant is partly accepted and OP is directed to reimburse the maturity amount of Rs.27,007/- with interest @ 9% per annum from the date of maturity i.e. 16.05.2018, till realization and further OP is directed to pay compensation to the complainant for causing mental tension and harassment to the complainant, to the tune of Rs.10,000/- and litigation expenses of Rs.5000/-. The entire compliance be made within one month from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
9. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jyotsna Karnail Singh
09.04.2019 Member President
