DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No. 99/2015

Sh. Sujit Malakar

72 P.K. Guha Road,

Near Silposree Club,

Dum Dum Cantonment,

Kolkata-700028,

West Bengal                                                                    ….Complainant

Versus

1. The Managing Director

Unitech FD Office,

Plot No.136, 2^nd Floor,

Udyog Vihar, Phase-I,

Gurgaon-122016

2. Unitech  Limited

Registered Office

6, Community Centre, Saket,

New Delhi-110017

Through its

Managing Director/ Manager

     ….Opposite Parties

                                                Date of Institution                    : 16.04.2015    Date of Order                  : 19.12.2019

Coram:

Ms. Rekha Rani, President

Ms. Kiran Kaushal, Member

ORDER

Ms. Kiran Kaushal, Member

1. Briefly put, the complainant had deposited Rs.2,00,000/- in the FDR scheme of Unitech Limited (OP) and others. On the date of maturity of the said FD  Rs.22,160/- was paid to the complainant towards interest vide cheque No. 305108 however, the principal amount of Rs,.2,00,000/- was not p aid back to the complainant. Copy of the FDR and copy of the cheque issued by OP is annexed as Annexure-A and Annexure-B respectively. The complainant seeking the principle amount, made various calls and wrote mails to OP in this regard but to no avail.
2. Thus, aggrieved by the circumstances above, the complainant approached this Forum with the prayer to refund Rs.2,00,000/- alongwith interest @ 18% per annum. Further to direct OP to pay Rs.50,000/- towards mental agony and Rs.10,000/- towards cost of litigation.

2. OP was issued notice as none appeared on its behalf, OPs were proceeded against exparte vide order dated 10.08.2015.
3. Complainant filed its evidence wherein the averments made in the complaint were reiterated.
4. The complainant, thereafter, on 05.07.2017 filed an application submitting that cheque of Rs.1,00,000/- had been received by the complainant on 08.03.2016 from OP.
5. Submissions made on behalf of the complainant are heard and material placed on record is perused carefully.
6. Averments made in the complaint and evidence led by the complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainant.
7. Complainant in support of his case has filed the fixed deposit receipt of Rs.2,00,000/- which was issued for the period of one year wherein the rate of interest to be paid is 11.50% per annum. Complainant has also annexed exhibit CW-1/B which is copy of the cheque wherein Rs.22,160/- is paid by the OP. Further the complainant has filed an application on 05.07.2017 wherein it is submitted that complainant has received part payment of Rs.1,00,000/- from the OP.
8. This is Forum is of the opinion  that OP has illegally not refunded the complete principal amount of the complainant. OP has fraudulently detained complainant’s amount for Rs.1,00,000/-.
9. Therefore, we allow the complaint and direct the OPs to refund Rs.1,00,000/-, the balance payment of the principal amount alongwith interest @ 8% per annum starting from the date of maturity of FDR till realization. Further OPs are directed to pay Rs.10,000/- to the complainant towards mental agony and cost of litigation.
10. OPs shall comply with this order within 45 days from the date of receipt of copy of this order. Failing which OPs shall pay the above said amount of Rs.1,00,000/- to the complainant with interest @ 10% per annum starting from the date of maturity of FDR till realization.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.  

Announced on 19.12.2019