Date of Filing: 17-02-2017 Date of Final Order: 28-07-2017
Sri Debangshu Bhattacharjee , Member.
The Complainant, Mr. Dhirendra Kumar Sarkar has filed the present case u/s 12 of C.P. Act, 1986 praying for issuing direction upon the O.Ps to return back the FD maturity amount of Rs.1,45,217/- including interest and Rs.20,000/- as compensation for mental pain, agony & unnecessary harassment and litigation cost of Rs.10,000/- with other relief.
Briefly stated the facts of the case can be gathered from the case record is that the Complainant deposited Rs.1,00,000/- on 24/05/2012 in Unitech Fixed Deposit Scheme for 3 years to the O.P. Company and the O.Ps issued Money Receipt against the said FD scheme which are furnished below in details :-
Policy Details |
Sl. No. | Investor Name & Joint Holder Respectively | FDR No. | A/c. No. | Amount (Rs.) | Date of Deposit | Date of Maturity | Period | Maturity Amount (Rs.) | Scheme |
1. | Dhirendra Kumar Sarkar | 1187215 | 1227319 | Rs.1,00,000/- | 24/05/2012 | 24/05/2015 | 3 Years | Rs.1.45.217 | B (S) |
Bank & Cheque Details |
Sl. No. | Bank Name | Branch | IFSC Code | MICR Code | Cheque No. | Date |
1. | Central Bank of India | Cooch Behar Branch | CBIN0281032 | | 142167 | 19/05/2012 |
| | | | | | | | | | | | | | | | |
The Complainant purchased the above Policy with a desire to earn some money by depositing her hard earned money. As per policy condition the Complainant had to get interest @ 12.50% p.a. but the Complainant did not receive any interest amount after its date of maturity from the O.P. Company against his deposited money of Rs.1,00,000/- to the O.Ps in Unitech Fixed Deposit Scheme bearing FDR 1187215 which matured date was on 24/05/2015
Due to such activities of the O.Ps, the Complainant suffered mental pain, agony & harassment and finding no other alternative; he has filed the present case before this Forum seeking redress and reliefs as incorporated in the prayer portion of the Complaint.
In the present case, the O.P. No.1, Mr. Ramesh Chandra (President of Unitech Ltd.), the O.P. No.2, Mr. Ajay Chandra (Managing Director), and the O.P. No.3, Mr. Sanjay Chandra (Managing Director), all the O.Ps are with Unitech Ltd. (Real Estate Division) did not appear before this Forum. On perusal the case record it appears that the notice has been sent to the O.Ps on 20.03.2017 through registered post with A/D but no S/R is received even after elapsing of one month. Thus, we took recourse of Section 28A (proviso) of CP Act and hold that the article deemed to be served. None appears on behalf of O.Ps. for which this case was heard in Ex-parte against the O.P. No.1,2 & 3.
In the light of the contention of the Complainant, the following moot points necessarily came up for consideration.
POINTS FOR CONSIDERATION
- Is the Complainant Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the O.Ps any deficiency in service as alleged by the Complainant and are they liable in any way?
- Whether the Complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully and perused the evidence on affidavit of the Complainant. Perused the entire documents in the record also heard the argument advanced by the Complainant at a length.
Point No.1.
The Complainant procured receipt, against Fixed deposit investment of Rs. 1,00,000/- from the O.Ps. The O.P Company issued money receipt by receiving the certain amount from the Complainant with assurance to return the same with fixed interest of 12.50% p.a. Thus, the relation between the Complainant and the O.Ps so established from the record we are convinced to hold that the Complainant is the Consumer of the O.Ps u/s 2(1)(d)(ii) of the C.P. Act, 1986.
Point No. 2.
The Complainant invested his money through his authorized agent and the total payment of this investment made through the Central Bank of India, Cooch Behar Branch. Moreover, the complaint value of the present case is far less than the prescribed limit. Hence, this Forum has the territorial as well as pecuniary jurisdiction to entertain the present complaint.
Point No. 3 & 4.
The Complainant filed the case because of nonpayment of Maturity amount against his fixed deposit (B/S Scheme) FDR No. 1187215 of Rs.1,00,000/- (matured on 24/05/2015), by M/s Unitech Ltd along with interest.
The Complainant filed the present address of the OPs as follows. (Annexure- A-4)
CUSTOMER RELATIONS, COMMERCIAL & SALES:
Unitech Limited, Unitech House L Block, South City - 1, Gurgaon 122001,Haryana, Tel: +91.124.4125200/4125328, Fax:+91.124.2383332.
REGISTERED OFFICE:
Unitech Limited, 6 Community Centre, Saket, New Delhi – 110017, Tel: +91.11.41664040/ 26857330-1, Fax: +91.11.2685.7338
It is pertinent point to mention that a huge number of cases against the Unitech Private Limited have been filed by a number of persons but the Unitech Company did not come forward before this Forum for contesting the allegation made by the Complainants in different cases. The non appearance of all the O.Ps proves that they have nothing to say against the complaint made by the Complainant.
The Complainant filed Evidence on Affidavit and also participates in the Ex-parte hearing of argument.
The Complainant files Xerox copy of details of bank cheque which he deposited to the OPs. The complainant admitted that according to the company’s terms and conditions the originals of such documents had been sent to the OPs.
The opposite party in this case is mainly a real estate company. It is a common recommendation of the investment advisers that, deposits accepted by real estate and manufacturing companies are best avoided. This is mainly because these are capital intensive sectors and suffer a cash crunch most of the time. The assets, when it comes to certain manufacturing industries and especially real estate, are highly illiquid. Thus, usually we find that the credit ratings of such bonds or FDs are low, reflecting higher risk,
According to a renowned news paper (Times of India Apr 12, 2017) “The managing directors of real estate giant Unitech, Sanjay Chandra and , were sent to five days of police remand by a local court in Gurugram, in a case related to cheating and fraud in a fixed deposit (FD) scheme floated by the company. The Chandra brothers are likely to be taken to different cities of the country for the probe, and to collect documents related to the case, and are scheduled to be produced before court on April 15.
The brothers were arrested from Delhi by Gurgaon police's economic offences wing (EOW) on Monday, and produced before the court of civil judge (junior division) cum judicial magistrate, Amit Nain, on production warrant, seeking custody. This, after the Chandras had got three-month interim bail from a Delhi court in a different case, related to a Gurgaon-based real estate project.
Currently, there are 24 different cases before various courts against the Unitech promoters, for criminal breach of trust and fraud, non-payment of fixed deposit amount, etc. Besides, there are hundreds of cases of different natures — delayed possession, non-delivery of flats, etc — before different courts — civil, consumer forum to Lok Adalat.
It is pertinent to mention here that so many cases have been filed before this Forum against Unitech as to non-payment of fixed deposit amount. Thus, it is a fact that even after passing order of Company Law Board, the Unitech failed to give payment to its investor. Thus, deficiency in service of the O.Ps cannot be ruled out.
The complainant claimed to refund the maturity amount of Rs. 145217/- with up to date interest and compensation.
As it is already proved that the Complainant is the Consumer and the Opposite Parties are guilty of deficiency in service, we decide the case in favour of the Complainant without any hesitation and allowed reasonable relief as per law, equity and gravity of the case.
Hence, it is Ordered,
That the present Case No. CC/17/2017 be and the same is allowed Ex-parte with cost of Rs. 5,000/- against the all OPs.
The O.Ps are hereby directed to pay to the Complainant the Maturity Amount of Rs.145217/- with 9% interest p.a. from the date of maturity of the deposited amount till its full realization. The Complainant do get an award of Rs.10,000/- as compensation for mental pain & agonies and for deficiency in service of the O.Ps.
The O.Ps are further directed to comply with the above mentioned order jointly and/or severally within 45 days failing of which the O.Ps shall have to pay Rs.100/- for each day’s delay and the amount to be accumulated shall be deposited in the Consumer Legal Aid Account.
Let plain copy of this Final Order be made available and be supplied free of cost to the concerned party/Ld. Advocate by hand/Registered Post with A/D forthwith for information and necessary action, as per Rules.
Dictated and corrected by me.
