District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.87/2022.
Date of Institution: 14.02.2022.
Date of Order: 08.06.2022.
1. Smt. Geeta – wife of late Shri Satish Kumar,
2. Nikhil Kumar
3. Kapil Kumar sons of late Shri Satish Kumar
4. Karan Kumar (minor) son of late Shri Satish Kumar.
…….Complainants……..
Versus
1. M/s. BPTP Ltd., M-11, Middle Circle, Connaught Circus, New Delhi – 110001 (Service be also effected at BPTP Limited, Registered office: OT-14, 3rd floor, Next Door, Parklands, Sector-76, Faridabad-121004, Haryana through its Managing Director/Directors/Principal Officer.
2. M/s. Countrywide Promoters Pvt. Ltd. & Others, M-11, Middle Circle, Connaught Circus, New Delhi – 110 001.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
PRESENT: Ms. Priyanka , counsel for the complainant.
Sh. Jay Shankar, AR on behalf of opposite party.
ORDER:
Today the case was fixed for consideration on the statement of Smt. Priyanka, counsel for the complainant and Shri Jay Shankar, AR on behalf of Opposite party.
Written statement on behalf of the opposite parties filed alongwith Annx.R/1 (colly ) to Annexure R/3(colly).
Smt. Priyanka, counsel for the complainant has made a statement on 30.05.2022 that “I am ready to take refund of the deposited amount alongwith interest @ 12% p.a. on behalf of the complainant.”
The counsel for the opposite parties objected and argued at length that some of the complainants are minor in this case. Hence, the complainant is directed to supply the name and age of the minor complainants.
Shri Jay Shankar, AR on behalf of opposite parties has made a statement that “to summarize the dispute company is ready to refund the deposited amount i.e principle amount only in four monthly equal installments.”
On the basis of the statement of Shri Jay Shankar, AR on behalf of opposite parties, the Commission is of the opinion that the complaint is disposed off with the direction to the opposite parties to refund the paid amount to the complainant alongwith interest @ 6% p.a. from the respective dates of deposit. Opposite parties are further directed that the refunded amount will be given to the minor in the shape of Fixed Deposit in a Nationalized Bank with the condition that amount of said Fixed Deposits cannot be withdrawn till they attain majority. Opposite parties are also directed to pay Rs.2200/- as compensation for causing mental agony and harassment alongwith Rs.2200/- as litigation expenses. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 08.06.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
