| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II Udyog Sadan, C-22 & 23, Qutub Institutional Area (Behind Qutub Hotel), New Delhi- 110016 Case No.76/2018 Shri Bhupinder Paul Sharma S/o Sh. Krishan Chand Sharma R/o H.N. 518, Sector 38A, Chandigarh ….Complainant Versus M/s Unitech Ltd. Through its Managing Director Regd. Office: 6, Community Centre, Saket, New Delhi- 110017 FD Office: 2nd Floor, Plot No. 136, Phase I, Udyog Vihar, Gurgaon, Haryana- 122016 Regional Office: Office space no. 189, 190 & 191, Sector 17 C, Chandigarh ….Opposite Party Date of Institution : 14.03.2018 Date of Order : 22.03.2022 Coram: Ms. Monika A Srivastava, President Ms. Kiran Kaushal, Member Sh. U.K. Tyagi, Member ORDER Member: Ms. Kiran Kaushal - Instant case was filed before District Consumer Dispute Redressal Forum, Chandigarh in the year 2015. It was returned for want for Territorial Jurisdiction vide order dated 11.01.2016 and was filed this Commission in the year 2018.
- On the strength of his complaint, Complainant prays for direction to OP to pay Rs.3,36,378/- being the amount of matured FDR alongwith future interest @24% p.a. with effect from 13.12.2014 till realization. Additionally, it is prayed that OP be directed to pay Rs.91,000/- towards the cost of litigation and Rs.1,50,000/- towards compensation for harassment and mental agony.
- Complainant a senior citizen invested Rs.3,00,000/- in the Fixed Deposit Scheme of Unitech Pvt. Ltd. (OP). OP in turn issued a non transferable fixed deposit receipt (FDR) bearing no. 1245095, Folio no. 1006736 for the amount of Rs.3,00,000/- carrying an interest rate to be calculated @11.5% p.a. dated 18.11.2013, maturing on 18.12.2014 with the maturity value of Rs.3,36,378/- inscribed on the said FDR. Copy of the said FDR dated 18.11.2013 is annexed as Annexure C/1.
- Complainant as per the terms and conditions of OP sent his duly discharged FDRs on a Revenue Stamp in the month of November, 2014 to OP for payment of maturity amount of Rs.3,36,378/- on its due date as per Clause 8
sub clause 2 of the terms and conditions of OP. To his utter dismay, the Complainant did not receive any revert from OP. Thereafter, Complainant by way of correspondence and personal visit, tried contacting OP but all in vain.
- Upon receiving the notice, OP appeared in the instant case. However did not file reply and was therefore proceeded exparte vide order dated 01.08.2018. Exparte evidence is filed on behalf of the Complainant. Submissions made on behalf of the Complainant are heard.
- Averments made on behalf of the Complainant have remained unchallenged and uncontroverted. Therefore there is no reason to disbelieve the version of the Complainant.
- An application was filed on behalf of OP on 24.12.2020 for suspension of proceedings in view of order dated 20.01.2020 in Civil Appeal
No(s). 10856/2016 Bhupinder Singh V/s Unitech Ltd. passed by Hon’ble Supreme Court of India. However, on perusal of the judgment passed by
Hon’ble Supreme Court, under the heading Refund of Fixed Deposit Holders at page no. 38, it is stated:
In terms of the previous orders passed by this court the process of dispersing the claims of Fixed Deposit Holders, who are senior citizens, aged 60 years an above is directed to proceed. - It is Complainant’s case that, he is a senior citizen, who had deposited his hard earned saving with OP for a term period of 1-3 year. True copy of fixed deposit receipt is annexed as Annexure C/1, which shows that Rs.3,00,000/- were deposited on 18.12.2013, which would accrue 11.5% p.a. rate of interest. The date of maturity of the said FDR is stated to be 18.12.2014 and the amount payable on maturity is Rs.3,36,378/-. There is no denying the fact that the Complainant had deposited his money with OP, so that he could avail the benefits of his hard earned money, but OP has shown scant regard to his age and is found to be grossly deficient in service by this Commission by not honouring their promise. Therefore, we allow the instant complaint and direct OP to pay Rs.3,36,378/- @6% p.a. from the date of filing of the complaint till realization alongwith Rs.10,000/- towards compensation for harassment and mental agony. The amount be paid within three months, failing which OP shall pay Rs.3,36,378/- @10% p.a. to the Complainant.
File be consigned to the record room after giving a copy of the order to the parties as per rules. Order be uploaded on the website. | |
