Punjab

Ludhiana

CC/22/479

Nirmala Devi - Complainant(s)

Versus

Humara India Credit Cooperative Society Ltd - Opp.Party(s)

Manoj Lekhi

15 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:  479 dated 16.12.2022.                                                       Date of decision: 15.09.2023. 

 

Nirmala Devi aged 63 years wife of Late Shri Suresh Kumar, resident of House No.155/3, Guru Amardass Colony, Giaspura, Ward No.73, Miller Ganj, Ludhiana. 98151-75300.                                                                                                                                                                     ..…Complainant

                                                Versus

1. Humara India Credit Co-operative Society Limited, Regd. Office: Mangal Jyoti, 101, 227/2, AJC Bose Road, Kolkata, West Bengal-700020, through its Director/M.E./C.E.O.
2. Humara India Credit Co-operative Society Limited, Kailash Chowk, Ludhiana, through its Manager/Authorized Signatory.
3. Humara India Credit Co-operative society Limited, Opposite Grand Marian Hotel, Dugri Road, Ludhiana, through its Manager/Authorized Signatory.                                                                                                                                                                        …..Opposite parties 

Complaint Under Section 35 of the Consumer Protection Act, 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Manoj Lekhi, Advocate.

For OP1                         :         Exparte.

For OP2 and OP3          :         Sh. Sandeep Kumar, Advocate (Right of the                                                         OP2 and OP3 to file written statement already                                              extinguished vide order dated 17.07.2023)          

ORDER

PER JASWINDER SINGH, MEMBER

 

1.                Briefly stated, the facts of the case are that on the inducement of officials of the opposite parties, the complainant availed Junction Basera Plan of the opposite parties in the shape of FDR No.717000051906 vide receipt No.665045758220 dated 26.03.2019 for Rs.4,80,000/-, FDR No.717000051913 vide receipt No.66505218619 dated 14.09.2019 for Rs.15,000/-, FDR No.717000051914 vide receipt No.665052186190 dated 14.09.2019 for Rs.15,000/- and FDR No.717000051915 vide receipt No.665052186192 dated 14.09.2019 for Rs.15,000/-. The complainant approached and requested the opposite parties to encash the above said FDRs but they kept the matter dilly delayed on false pretext. Even from the last two years, no interest has been paid to the complainant. Due to non-encashment of FDRs amount by the opposite parties, the complainant has suffered mental pain, agony and harassment etc. Therefore, the complainant filed the present complaint asserting that the act and conduct of the opposite parties amounts to deficiency in service and further prayed for making payment of proceeds of the said FDRs and to pay compensation to the tune of Rs.1,00,000/- on account of mental agony, harassment and distress. The complainant also claimed litigation expenses of Rs.11,000/-.

2.                Notice to opposite party No.1 sent through registered post on 12.01.2023, but none turned up for opposite party No.1 despite service and as such, opposite party No.1 was proceeded against exparte vide order dated 09.03.2023.

3.                Upon notice, Sh. Sandeep Kumar, Advocate appeared and filed power of attorney on behalf of opposite parties No.2 and  3 but thereafter, failed to file written statement affidavit and documents despite grant of sufficient opportunity and as such, the right of opposite parties No.2 and 3 to file written statement already extinguished vide order dated 17.07.2023

3.                In evidence, the complainant tendered her affidavit as Ex. CA and reiterated her averments of the complaint. The complainant also placed on record Ex. C1 is the copy of certificate No.717000051915, Ex. C2 is the copy of certificate No.717000051914, Ex. C3 is the copy of certificate No.717000051913, Ex. C4 is the copy of certificate No.717000051906, Ex. C5 is the copy of certificate No.288000462815, Ex. C6 is the copy of Aadhar card of the complainant and closed the evidence.

4.                We have heard the counsel for the complainant and also gone through the complaint, affidavit and documents annexed by the complainant.

5.                In her affidavit Ex. CA, the complainant has reiterated the entire case as set forth in the complaint. The complainant has further proved on record the copy of certificate Ex. C1 vide which the complainant deposited Rs.15,000/- on 14.09.2019 which was to be matured on  14.09.2029, the copy of certificate Ex. C2 vide which the complainant deposited Rs.15,000/- on 14.09.2019 which was to be matured on  14.09.2029, the copy of certificate Ex. C3 vide which the complainant deposited Rs.15,000/- on 14.09.2019 which was to be matured on  14.09.2029 and the copy of certificate Ex. C4 vide which the complainant deposited Rs.4,80,000/- on 26.03.2019 which was to be matured on 26.03.2029,  issued by the opposite parties. Though the evidence has gone unrebutted on the file, the certificates Ex. C1 to Ex. C4 reveal that the complainant deposited Rs.15,000/-, Rs.15,000/-, Rs.15,000/- on 14.09.2019 and Rs.4,80,000/-  on 26.03.2019 respectively with the opposite parties. However, the amount of maturity has not been mentioned on these certificates. Besides this, the complainant has also placed on record Ex. C5, copy of certificate No.288000462815 for Rs.22,700/- dated 16.05.2018 with date of maturity 16.05.2021 but the complainant has not sought any relief qua said certificate in the pleadings i.e. in the complaint as well as in the affidavit itself. In these circumstances, it would be just and proper if the opposite parties are directed to refund the deposited amount of Rs.15,000/- each deposited through certificates Ex. C1 to Ex. C3 along with interest @8% from 14.09.2019 till date of actual payment and to refund the deposited amount of Rs.4,80,000/- deposited through certificate Ex. C4 along with interest @8% from 26.03.2019 till date of actual payment along with composite costs of Rs.10,000/-.

6.                As a result of above discussion, the complaint is partly allowed with an order that the opposite parties shall be jointly and severally liable to refund the deposited amount of Rs.15,000/- each deposited through certificates Ex. C1 to Ex. C3 along with interest @8% from 14.09.2019 till date of actual payment and to refund the deposited amount of Rs.4,80,000/- deposited through certificate Ex. C4 along with interest @8% from 26.03.2019 till date of actual payment to the complainant within 30 days from the date of receipt of copy of order. The opposite parties shall further pay a composite compensation of Rs.10,000/- (Rupees Ten Thousand only) to the complainant. Compliance of order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

(Jaswinder Singh)                             (Sanjeev Batra)               Member                                         President  

 

Announced in Open Commission.

Dated:15.09.2023.

Gobind Ram.