Delhi

New Delhi

CC/817/2014

Ved Prakash Saluja - Complainant(s)

Versus

M/S. Kavry Computer Shera Pvt.Ltd. - Opp.Party(s)

09 Jun 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

 NEW DELHI-110001

 

Case No.C.C./817/2014                                                                                                   Dated:

In the matter of:

SH. VED PARKASH SALUJA

S/o Late Sh. Kishan Chand Saluja,

R/o H.No. 82, Sector-6,

Bahadurgarh-124507.

……..COMPLAINANT

VERSUS

 

KARVY COMPUTER SHARE PVT. LTD.

17-24, Vittal Rao Nagar, Madhopura,

Hyderabad, 500-081

Through its Regional Office,

Karvy Computer Share Pvt. Ltd.,

Barakhamba Road,

New Delhi110001

               .... OPPOSITE PARTY

 

MEMBER: NIPUR CHANDNA

ORDER

 

                The case of the complainant is that he submitted his 500 Units of T.T.I. Equity funds under Folio No. 514207722283 for redemption through the Depository Participants, Jyoti Portfolio Ltd., B-78, 3^rd Floor, Defence Colony, New Delhi on 28/4/12 alogwith his kiths and kins.

          It is alleged by the complainant that except him all his kiths and kins received their payment against redemption of units for Rs. 23,910/- each vide cheque dated 7/5/12.

          It is further alleged by the complainant that on 29/5/12 he sent his representative Sh. Virendra Kumar Zutshi to the office of OP to inquire the cause of non-payment, but none of the desk attendant could trace out the status of his complaint.

          Having not received any reply form OP, complainant wrote complaint and handed over to the OP at its office vide receipt dated 9/7/12, regarding not receiving of the payment of redemption of 500 Units of UTI.

          Complainant sent various reminders to the OP regarding the non-receipt of the redemption amount, but nothing has been done by the OP.

          It is alleged by the complainant that he sent final legal notice to the OP on 25/8/14, but neither the OP replied to the notice, nor paid the alleged amount. Hence this complaint.

          Notice of the complaint was sent to the OP for 18/3/15 and 18/8/15. Since none appeared on behalf of the OP, it was ordered to be proceeded with ex-parte.

          Complainant filed his evidence by way of affidavit.

          We have heard arguments advance at bar and have persued the record.

          Complainant has placed on record the copy of the letter dated 28/4/12 regarding the submission of 500 Units of equity fund to OP alongwith the copy of acknowledgment, copy of the letter dated 7/5/12 vide which payment was received by the kith and kins of the complainant, copies of the letter dated 18/6/12 for the non-receipt of payment handed over by the complainant to the Executives of OP as well as copies of the reminder letter send by the complainant to the OP.

The complainant has also placed on record the copy of final legal notice dated 25/8/14. In number of cases courts have held that where serious allegations are made in the notice and the allegations are not refuted and the notice is simply ignored a presumptions may be drawn that the allegations made in the notice are true.  (See Kalu Ram Vs. Sita Ram 1980 RLR (Note 44) and Metro Poles Travel Vs. Sumit Kalra and Another 98(2002) DLT 573 (DB).

The present case is one where a presumption needs to be drawn in favour of the complainant. Even otherwise there is no reason to disbelieve the facts stated in affidavit filed on record by the complainant documents placed on record, we are considered that the story putforth by the complainant is true.

          The OP ought to have made the payment of Rs. 23,910/- to the complainant against his redemption of 500 Units, but OP failed to do so.

          We therefore, hold OP guilty of deficiency in services and direct it as under:

1. Pay to the complainant a sum of Rs.23,910/- alongwith simple interest @10% p.a. from the date of filing of the complaint till payment.
2. Pay to the complainant a sum of Rs. 5000/- for pain and mental agony suffered by him.
3. Pay to the complainant a sum of Rs.5000/- as a cost of litigation.

 

The order shall be complied with within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 10% per annum from the date of this order till recovery of the said amount of Rs. 10,000/– (Rs.5000+Rs.5000).  This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.

 

 

File be consigned to the record room.

Pronounced in open Forum on  09.06.2016.

 

(S K SARVARIA)

PRESIDENT

 

                              (H M VYAS)                                              (NIPUR CHANDNA)

                                 MEMBER                                                            MEMBER