Punjab

Sangrur

CC/119/2019

Karnail Singh - Complainant(s)

Versus

Modern Vision Agro India Ltd. - Opp.Party(s)

Sh. Jatinder Verma

06 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

 

                                                                        Complaint No. 119

 Instituted on:   18.03.2019

                                                                         Decided on:     06.06.2023

 

 

Karnail Singh aged 74 years son of Jangir Singh, H.No.D/78, Near Sangrur Public School, Patiala Dhuri Bye Pass, Sangrur.                                                           

                                                         …. Complainant.     

                                                 Versus

1.             Modern Vision Agro India Ltd. Head office 9 KM Stone, Hansi Road, Prem Nagar, Bhiwani-127021 Haryana through its MD/Chairman, Nar Singh Bura.

2.             Modern Vision Agro India Ltd. Branch office, AC Market, Near PS Moonak, Through its Branch Manager, Amritpal Singh Sidhu son of Jeet Singh R/o Ward No.15, Jai Patti, Longowal.

3.             Sukhjit Singh son of Amrik Singh R/O Village Chhajla, Tehsil Sunam, District Sangrur Advisor Code 2113 (Agent of OP No.1 &2).

             ….Opposite parties. 

 

For complainant         : Shri Jatinder Verma, Adv.              

For  OP No.1            : Exparte.

For OP No.2 & 3       : Shri G.S.Chatha, Adv.

 

Quorum                                           

JOT NARANJAN SINGH GILL: PRESIDENT

SARITA GARG                          : MEMBER

KANWALJEET SINGH             : MEMBER

 

ORDER

SARITA GARG, MEMBER

1.             Complainant has approached this Forum/Commission alleging inter-alia that on the allurement of the OPs, the complainant availed services of OPs by investing a  sum of Rs.4,00,000/- on 15.07.2013 vide cheque number 398441 dated 16.7.2013 of Malwa Gramin Bank Branch, Sangrur which was duly acknowledged by the OPs by issuing   certificate    bearing   Sr.No. mva 5460 with maturity amount of Rs.8,00,000/- after 63 months from the date of deposit i.e. having maturity date as 15.10.2018. Further case of the complainant is that on 15.2.2019 the complainant deposited the original certificate with the OP number 1   which was duly received by the OP number 1. Continuing further, the complainant has also alleged that after expiry of the deadline, he approached various officials of the OPs and requested them to release the maturity amount but latter failed to do the needful and this is how they were clearly deficient in their services.  Even thereafter the complainant approached various authorities on numerous occasions but when nothing was done by the OPs then he was constrained to approach this Forum/Commission with a request for directing the Ops to release a sum of Rs.8,00,000/- along with interest @ 18% per annum from the date of investment and also for Rs.50,000/- on account of mental harassment and inconvenience and further an amount of Rs.20,000/- as litigation expenses.

2.             Record shows that OP number 1 did not appear despite service, as such was proceeded against exparte on 16.5.2019.

3.             Upon being served, OP number 2 filed  written response raising legal objections that the complainant has not come to this Commission with clean hands, that the complaint is not maintainable in the present form, that the complainant has no cause of action to file the present complaint, as the OP number 2 has resigned from his post on 28.2.2014. On merits, it is stated that the complainant has made the party to the answering  OP only to harass it and the answering OP was only an employee of the company, who has already resigned from his post on 28.2.2014 and the company issued him no dues certificate on 7.3.2014. Lastly, prayed for dismissal of the complaint qua him.

4.             In reply filed by OP number 3, legal objections are taken up on the grounds that the complainant has not come to this Commission with clean hands, that the complaint is not maintainable in the present form, that the complainant has no cause of action to file the present complaint. On merits, it is stated that the complainant has made the party to the OP only to harass and the answering OP was only an agent of the OP and he never insisted him to invest the amount with the OP company.  The other allegations leveled in the complaint have been denied.

5.             The learned counsel for the parties produced their respective evidence before this Commission in the shape of documents and affidavits.

6.             We have gone through the pleadings put in by both the parties along with their supporting documents with their valuable assistance.

7.             In order to prove the case. complainant has placed on record Ex.C-2 copy of passbook, Ex.C-3 copy of certificate showing deposit of the amount with maturity amount, Ex.C-4 copy of aadhar card and Ex.C-5 affidavit of complainant, Ex.C-6 copy of zimni order, Ex.C-7 copy of vakaltanama, Ex.C-8 to Ex.C-11 copy of zimni orders, Ex.C-12 copy of judgment and closed evidence.

8.             On the other hand, to rebut the case of the complainant OPs have produced Ex.OP2&3/1 copy of appointment letter, Ex.OP2&3/2 copy of resignation letter, Ex.OP2&3/3 copy of acceptance of resignation, Ex.OP2&3/4 copy of no due certificate, Ex.OP2&3/5 and Ex.OP2&3/6 affidavits and closed evidence.

9.             Further, the subscription of scheme is not disputed between the parties and complainant deposited the amount of Rs.4,00,000/- with the opposite parties is also not disputed. Moreover, from the perusal of the record it has been proved that the complainant has deposited the  amount of Rs.4,00,000/- with the opposite parties vide certificate Ex.C-3 on 15.07.2013 and the maturity amount is also shown alongwith maturity date i.e. 15.10.2018 on the same. We have also perused that since the OP number 2 and 3 has already resigned from the company as they were only the employees of the company as is evident from the copies of documents which are on record as Ex.OP2&3/2 i.e. resignation letter submitted by Amritpal Singh Sidhu, Ex.OP2&3/3 copy of letter dated 28.2.2014 showing acceptance of resignation and similarly Ex.OP2&3/4 is no due certificate issued to the OP number 2 which is supported by the affidavit Ex.OP2&3/5. Further, Ex.OP2&3/6 is an affidavit of Sukhjit Singh OP number 3 to support his version. So, we are of the view that the complainant has successful in proving that he has deposited the amount of Rs.4,00,000/- with the opposite party number 1 in the shape of fixed deposit for the period as mentioned above and the opposite party number 1 is bound to pay the amount of Rs.8,00,000/- on its maturity as per their certificate.

 

10.            As a result of the above discussion, present complaint is allowed and opposite party number 1 is directed to pay to the complainant the maturity amount of Rs.8,00,000/- alongwith interest @ 7% per annum from the date of maturity till its realization. Further, OP number 1 is also directed to pay Rs.5000/- as costs for mental tension, agony and harassment and an amount of Rs.5000/- as litigation expenses. Compliance of the order be made within the period of 60 days from the date of the receipt of the copy of this order.

11.            The complaint could not be decided within the statutory time period due to heavy pendency of cases.

12.            Copy of this order be supplied to the parties free of cost. File be consigned to the records after its due compliance. 

                                Pronounced.

                                June 6, 2023.