BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.440 of 2018
Date of Instt. 22.10.2018
Date of Decision: 20.04.2021
1. Ranjit Kaur Age 46 years W/o Ajinder Singh, R/o H. No.1019, Sant Nagar, Ladowali Road, Jalandhar-144001. (Formerly r/o vill. Nawan Kila, PO Shahkot, Distt. Jalandhar) Mobile Phone No.8264563276, 9815304632
2. Haleen Kaur Age 21 years D/o Ranjit Kaur, Wife of Ajinder Singh, r/o H. No.1019, Sant Nagar, Ladowali Road, Jalandhar-144001) Mobile Phone No.8264563276, 9815304632
3. Manpreet Singh (Minor) Age 13 years, Through Mother Ranjit Kaur W/o Ajinder Singh H. No.1019, Sant Nagar, Ladowali Road, Jalandhar-144001
4. Ajinder Singh Husband of Ranjit Kaur R/o H. No.1019, Sant Nagar, Ladowali Road, Jalandhar Mobile Phone No.8264563276, 9815304632
..........Complainants
Versus
Harinder Hire Purchase Limited, 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. Kuljit Singh (President)
Smt. Jyotsna (Member)
Present: Sh. Sumit Verma, Adv. Counsel for the Complainants.
OP exparte.
Order
Kuljit Singh (President)
1. The instant complaint has been filed by the complainants, wherein alleged that the complainant No.1 was allured tempted, induced and persuaded by OP for investment by deposit of money on interest to earn her livelihood to augment the meager income to make both ends meet. The complainant No.1 believing the sweet words and assurance given by OP, invested with OP a sum of Rs.19,445/- on 16.05.2015 @ 11% PA for 36 months which matured on 16.05.2018 with maturity value of Rs.27,007/- vide FDR No.16129. That again on 29.12.2016 the complainant No.1 deposited with OP a sum of Rs.25,078/- @ 11% PA for 12 months which matured on 29.12.2017 with maturity value of Rs.27,988/-, vide FDR No.1976. That again on 26.08.2017 the complainant No.1 deposited with OP a sum of Rs.44,585/- @ 9% PA for 12 months which matured on 26.08.2018 with maturity value of Rs.48,767/-, vide FDR No.16937. That the complainant No.1 visited the OP several times to get the matured amount of above said FDRs, but every time the OP put the complainant on one pretext or other and ignored to give the payment of above said matured FDRs. That on 12.09.2018 the complainant sent a registered legal notice to OP through her advocate requesting to give the payment of above said matured FDRs, but all in vain and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainants may be accepted and OP be directed to pay the amount of FDRs Ex.C-1 to Ex.C-3 Rs.1,03,762/- and further OP be directed to give interest @ 11% per annum till realization and further OP be directed to pay litigation expenses of Rs.5500/- and compensation for mental tension and harassment to the tune of Rs.70,000/-.
2. Notice of the complaint was given to the OP, but despite service OP failed to appear and ultimately, OP was proceeded against exparte.
3. In order to prove her case, the counsel for the complainant tendered into evidence two affidavits Ex.CA and Ex.CB alongwith some documents Ex.C-1 to Ex.C-4 and closed the exparte evidence.
4. We have heard the learned counsel for the complainant and have also gone through the case file very minutely.
5. From the perusal of the pleadings of the complainants, it is clear that complainant No.1 had deposited a sum of Rs.19,445/-, vide FDR No.16129 on 16.05.2015 with maturity value of Rs.27,007 on 16.05.2018. Again complainant had deposited a sum of Rs.25,078/-, vide FDR No.1976 on 29.12.2016 with maturity value of Rs.27,988/- on 29.12.2017. Then again the complainant had deposited a sum of Rs.44,585/-, vide FDR No.16937 on 26.08.2017 with maturity value of Rs.48,767/- on 26.08.2018, which is evident from Ex.C-1 to Ex.C-3. Now question remains whether the complainants virtually ever approached to the OP for making the payment of said matured FDRs, regarding that a legal notice served by the complainant on 12.09.2018 and in response to the legal notice, the OP did not bother to pay the matured amount. If the OP ready to make the payment, then why the OP did not give offer to complainants to get the payment of the matured FDRs.
6. Apart from that the photostat copy of the FDRs available on the file Ex.C-1 having No.16129 dated 16.05.2015 and the maturity value is Rs.27,007/- and maturity date 16.05.2018, Ex.C-2 having No.1976 dated 29.12.2016 and its maturity value is Rs.27,988/- on 29.12.2017. Ex.C-3 having No.16937 dated 26.08.2017 and its maturity value is Rs.48,767/- on 26.08.2018. There is not iota of documents available on the file, served by the OP to the complainants that their FDRs are matured and get the payment, so, it means the OP also did not call upon the complainants to get the payment of matured FDRs. So, under these circumstances and unrebutted evidence, we find that the OP himself is negligent for not paying the maturity amount despite repeated request of the complainants, which is tantamount to deficiency in service and accordingly, we reached to the conclusion that the complainants are entitled for the relief claimed.
7. In the light of above detailed discussion, the complaint of the complainants is partly accepted and OP is directed to reimburse the maturity amount of both the FDRs i.e. in total Rs.1,03,762/- with interest @ 6% per annum from the date of maturity, till realization and further OP is directed to pay compensation and litigation expenses to the complainant for causing mental tension and harassment to the complainant, to the tune 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 and spread of Covid-19.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room after due compliance.
Announced in open Commission
20th of April 2021
Kuljit Singh
(President)
Jyotsna
(Member)
