Haryana

Ambala

CC/128/2017

Santosh Kumar Chadha - Complainant(s)

Versus

IFFCO TOKIO - Opp.Party(s)

Radhika Batra

28 May 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

 

                                                                    Complaint case no.        :  128 of 2017

                                                                    Date of Institution         :  01.12.2017

                                                                    Date of decision   :  10.09.2018

 

 

1.       Bharat Bhushan s/o Sh. Sant Ram Saini, age 47 years, r/o H.No.35, Durga Nagar, Ambala City.

2.       Rajinder Kumar s/o Sh. Sant Ram Saini, age 44 Years r/o H.Ho.35, Durga Nagar, Ambala City.

Both represented through SPA/authorized representative Sh. Sant Ra, Saini s/o Late Sh. Pyare Lal, age 73 years, r/o H.No.35, Durga Nagar, Ambala City.

 

        ……. Complainant.

Vs.

 

1.       The Van Khandi Co-operative Non-Agriculture  Thrift & Credit Society  Ltd. (Resd.) Ambala City through its President Parmod Singh Rana, #H.No-170, Sector-9, Ambala City.

2.       Parmod Singh Rana, Earlier President, The Van Khandi Co-operative Non-Agriculture Thrift & Credit  Society Ltd.(Regd.) Ambala City r/o H.No.170, Sector-9, Ambala City.

3.       M.L.Sehgal, the then Vice President, The  Van Khandi Co-operative Non-Agriculture  Thrift & Credit Society Ltd(Regd.) Ambala City (now deceased) represented by his L.Rs.:

(3a)    Vanita Sehgal                 (wife)

(3b)    Amit Sehgal                    (son)

(3c)    Mohit Sehgal                  (son)

All residents of Kothi No.52L, Sector-50, Ground Floor, 1^st Block South City, Gurgaon

 

4.       Satish Kumar, Member Managing Committee, The Van Khandi Co-operative Non-Agriculture Thrift & Credit  Society Ltd. (Rgd.) Ambala City, r/o H.No.4373/2, Charian Wala Behra, Ambala City, at present residing at r/o H.No.430, Soniya Colony, Ambala City.

 

5.       Santosh Rana w/o Parmod Singh Rana, President, The Van Khandi Co-operative Non-Agriculture Thrift & Credit Society Ltd. (Regd.) Ambala City r/o H.No. 170, Sector-9, Ambala City.

 

6.       Assistant Registrar, Co-operative Society, Rattangarh Ambala.

 

       .…. Opposite Parties  

 

BEFORE:    SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER    

                                               

Present:       Sh. Ashutosh Aggarwal, counsel for complainant.

Sh. Vinod Kumar, Clerk, O/o Registrar, Co-operative Societies Ambala.

OP Nos. 1 to 5 already ex parte.

 

 

ORDER:

                   The brief facts leading to the institution of present complaint are that the OP Nos. 2 to 4 are running the aforesaid society i.e. OP No.1 and used to receive money from the public at large with the assurance to them to earn attractive rate of interest, high returns & secured investment. It has been further alleged that the complainant after inspiring the assurance as well as representation of the Ops agree to deposit   the amount in the shape of FDRs the details is as follows. :-

	R.No.	Name	F.D.	w.e.f.	Deposited (in Rs.)	Date	Value (in Rs. )
C-2	3077 in the name of complainant no.1	SBIMB & NBI Employees Co-operative Thrift & Credit Society Ltd. Ambala City	11.8.01	27.5.01	8147	27.5.02	9369
C-3	374 in the name of the complainant No.1	-do-	11.8.01	3.5.01	30195	3.5.02	34724
C-4	3073 in the name of complainant No.2	-do-	11.8.01	20.4.01	28229	30.4.02	32463

 

And the detail of calculated interest mentioned by the Ops no. 1 to 4 on the back side of FDRs is as follows:-

Annex	FDR No.	Period	Calculation	Renewal Date	R.O.I
C-5	3077 in the name of complainant no.1	27.5.02 26.5.03 26.5.04 26.5.05	9369 1171 1317 1482 Total 13917	27.5.05	12.5%
C-6	3074 in the name of complainant no.1	3.5.02 02.5.03 02.5.04 02.05.05	34724 4340 4883 5493 Total 49440	02.5.05	12.5%
C-7	3073 in the name of complainant no.2	20.4.02 19.4.03. 19.4.04 19.04.05	32463 4058 4565 5135 Total 46221	20.4.05	12.5%

 

But, at the time of maturity of FDR in question, Ops failed to pay the matured amount despite various visits and requests.  The complainants tried to approach the OP No.5 but no concrete response or reply was given. Then the father of the complainant i.e. SPA sent an application dated 04.05.2010 to the OP No.5 through registered post. The complainants again sent an application to the OP No.5 and S.P.Ambala on dated 18.05.2015 but of no vain. The complainants received reply/Memo no.SRO/Steno/3123, dated 02.12.2015 from the OP No.5 that the name of the society-SBIMB & NBI Employees C-operative Thrift & Credit Society Ltd. Ambala City is changed to “The Van Khandi Co-operative Non-Agriculture Thrift & Credit Society Ltd. Ambala City and the OP No.5 Santosh Rani w/o P.S.Rana became the President of the said society. As such, the complainant has submitted that the Ops have attributed bad & deficient services to them by not making the payments on due date which cause great mental pain and harassment to them. Hence, the complainant has filed the present complaint seeking relief as mentioned in prayer clause of the complaint.

2.                Upon notices, OP No.6 appeared through counsel and submitted written statement and stated that State Bank of India, Mandi Branch and New Bank of India employees Cooperative Thrift and Credit Society Limited Ambala City has changed the name to the Vankhandi Cooperative Non Agriculture Thrift and Credit Society as per the provisions of section 11 of Haryana Cooperative Societies Act 1984. The liabilities and assts of the society remained same even after changing the name of the society.  The dispute is purely between the complainant and OP Nos. 1 to 5. never informed about the inspection allegedly made by the Agricultural Officers. So, there is no deficiency on the part of the OP No.6 and prayed for dismissal of the present complaint.

3.                To prove his version complainant tendered his affidavit as Annexure C-A along with documents as annexure C-1 to C-11 and close his evidence. On the other hand, counsel for OP No.6 has made a statement  and stated that  written statement filed on his behalf be read as part of evidence on behalf of the OP No.6.  

4.                We have heard learned counsels for both the parties and carefully gone through the case file.

5.                 It is proved on the file that the complainant has initially deposited the amount Rs. 8147/- in shape of FDR for a period of 12 months with the OP Nos. 1 to 5 on 11.08.2001 w.e.f. 27.05.2001 to 27.05.2002  rate of interest was fixed 15% per annum and maturity amount shown in Annexure C-2 Rs. 9369/-. Similarly another FDR, the complainant has deposited  Rs. 30195/-  on 11.08.2001 w.e.f. 03.05.2001 to 03.05.2002 and maturity amount shown Rs. 34724/- as per Annexure C-3  and complainant has also deposited the amount Rs. 28229/- for the period 20.04.2001 to 20.04.2002 as per Annexure C-4 and Ops have calculated the interest and renewed the Ist FDR  up to  i.e. 27.05.2005 and interest shown @12.5% and total amount Rs. 13,917/-as per Annexure C-5, similarly, interest has calculated and renewed the 2nd FDR up to year 2.05.2005 and interest shown @12.5% and total amount has shown Rs. 49,440/- as per Annexure C-6 and third FDR was renewed up  to 20.04.2005 and calculated the interest  and  interest was fixed @12.5% and total amount has been shown  Rs.46,221/- as per Annexure C-7.

6.                Main grievance of the complainant is that after expiry of the stipulated period i.e.  renewal of the FDRs as Annexure C-5 to C-7. The complainant has approached to the Ops to pay the maturity amount but the Ops have forced to deposit the original FDRs and get the entitled calculated maturity amount after seven days. But after depositing the original FDRs, the Ops have not paid the maturity amount to the complainant. So, the complainant has filed this present complaint for giving the direction to OP to pay the maturity amount of the Ist FDR Rs. 13917 alongwith interest @12% from the date of maturity i.e. 27.05.2005 till its realization against the FD No.3077, Rs. 49440/- alongwith interest @ 12% P.A. from dated 02.05.2005 till its realization against the F.D. No.3074 and Rs. 46221/- alongwith  interest @ 12% P.A. from dated 20.04.2005 till its realization against the F.D. No.3073.

7.                From the perusal of the file that the complainant has deposited the amount and FDRs which was  renewed as per Annexure C-5 to C-7  issued on 27.05.2005, 02.05.2005 and 20.5.2005. It is clear that Ops did not pay the amount to the complainant which tantamount deficient in service on the part of the Ops. It is settled law on the death of the any member of the society his Legal Heirs are also liable to discharge their  legal liability because they have succeed the property of the deceased. In the present case, the member of the society M.L. Sehgal  died during the existence/working of the society and LRs of M.L.Sehgal  are equally liable to pay the amount of the FDRs.  It is also not disputed that initially FDRs are issued by SBIMB  & NBI Employee Co-operative Thrift & Credit Society Ltd. name of the Society has been  changed as The Vankhandi Co-operative Non Agriculture Thrift and Credit Society Ltd. Ambala City and the OP No.5 Santosh Rani w/o P.S. Rana became the President of the said society.

The above facts have not been rebutted by the Ops No.1 to 5 because they did not turn up to pursue the case and proceeded ex parte v.o.d. 26.06.2018.  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.

8.                In view of the above discussion, we allow the present complaint with costs against Rs. 1 to 5 are held liable jointly and severally to comply with the following directions within a period of thirty days from the receipt of this order. However, Lrs of OP No.3 are not personally liable but they are liable to discharge the liability to the extent of estate of M.L.Sehgal inherited by them. The order to be complied with by the Ops are as under:-

(i)  To pay the amount of FDR no. 3077

amounting Rs.13,917/- from the  dated of renewal dated 27.05.2005 of the FDR alongwith interest @ 12% per annum till its realization.

 

(ii) To pay the amount of FDR no. 3074

Amounting Rs. 49,440/- from the date of renewal dated 02.05.2005 of the FDR alongwith interest @ 12% per annum till its realization.

 

(iii)    To pay the amount of FDR no. 3073 amounting Rs. 46221/- from the date of renewal dated 20.4.2005 of the FDR alongwith interest @ 12% per annum till its realization.

 

(iv)     To pay Rs. 5000/- as litigation charges in the interest of justice. 

 

Copy of this order be sent to the parties concerned, as per rules. File be consigned to record room after due compliance. 

  Announced on :  10.09.2018

                                     

  (PUSHPENDER KUMAR)                      (D.N. ARORA)

Member                                                President