Delhi

New Delhi

CC/749/2014

Shipra Mukherjee - Complainant(s)

Versus

M/S. Neesa Leisure Ltd. - Opp.Party(s)

03 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./749/2014                                                                                                                                       Dated:

In the matter of:

SHIPRA MUKHERJEE

W/o Surjit Kumar Mukherjee,

R/o 15, Samachar Apartment,

Mayur Vihar, Phase-I Ext.,

New Delhi-110091

 

At Present:

R/o C-1101 11^th Floor Sunshine

Helios Apartment Sector -78 Noida

Pin -201301

……..COMPLAINANT

 

VERSUS

1.     NEESA LIESURE LIMITED,

        1201 & 1202, Akash Deep Building,

        Barakhamba Road,

        New Delhi-110001

 

Service may also be affected at:

 

2.     NEESA LIESURE LIMITED,

        C/o Hotel Cambay Grand,

        Near PERD Centre,

        Sola Over Bridge, Thaltej,

        Ahmedabad-380054.

      .... OPPOSITE PARTY

 

 

 

ORDER

PRESIDENT:  S.K. SARVARIA

 

        The case of the complaint is that she had deposited Rs. 35,000/- on 8/1/13 with the OP in its fixed deposit scheme @ 11-5% p.a. cumulative for 6 months vide FDR No. NLL/14985.

        It is alleged by the complaint that after 6 months i.e. maturity period she submitted the entire documents relating to FDR with the OP and in turn OP issued her cheque bearing No. 05121 drawn on Axis Bank dated 7/5/14 of Rs. 35,000/- as a part payment against maturity amount of Rs.37,047/-.

        It is further alleged by the complainant that she presented the aforesaid cheque on 13/5/14 before his banker for encashment but he said cheque was dishonored with the remark “Insufficient Fund”.

        The complainant immediately contacted OP telephonically and informed it about the dishonor of cheque.  The executive of OP Co. requested to complainant that as the Co. is in financial crises and asked her to present the alleged cheque on 1^st July, 2014.

        It is further alleged by the complainant that she again presented the aforesaid cheque for encashment on 4/7/14, but the same was dishonored.  Complainant issued legal notice to the OP and requested it to refund the money with interest.  But OP neither reply the legal notice nor makes the payment till today.

        The complainant therefore approached this Forum of the redressal of her grievance.

        Notice of the complainant was sent to the OP through Registered AD post for 8/1/15.  Since none appeared on behalf of OP, it was ordered to be proceeded with ex-parte.

        Complainant has filed his evidence by way of affidavit.

        We have heard arguments advanced at bar and have perused the record.

        The complainant has placed on record the copy of fixed deposit receipt dated 18/11/13, copy of the cheque dated 7/5/14 for a sum of Rs. 35,000/- issued by OP, copy of return memo dated 7/7/14 she has also placed on record the copy of legal notice dated 14/7/14 along with the copy of postal receipt.  The OP had failed to comply with or refute the allegations levelled in the notice.

        In number of cases, courts have held that where serious allegations are made against a noticee and the allegations are not refuted and the notice in simply ignored, a presumption may be drawn that the allegation 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 affidavit filed on record by the complainant.

        From the un-rebutted testimony of the complainant as well as the documents placed on record, we are convinced that the story put forth by the complainant is true.

        The bare perusal of the copy of fixed deposit receipt and the cheque issued by the OP makes it clear that the OP is liable to pay a sum of Res.35,000/- along with interest @ 11.50% p.a. to the complainant within a period of 6 months from the date of deposit i.e. 18/11/13.  But, the OP has failed to discharge his duty.

        We therefore hold OP guilty of deficiency in service and direct it as under :-

a)     Pay to the complainant a sum of Rs. 35,000/- along with interest @ of 11.50% p.a.  as agreed by the OP from the date of deposit i.e. 18/11/13 till payment.

b)     Pay to the complainant a sum of Rs.05,000/- for pain and mental agony suffered by her which will also include cost of litigation.

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. 5,000/–. 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 record room.

Pronounced in open Forum on 03.06.2016.    

 

(S K SARVARIA)

PRESIDENT

 

 

(H M VYAS)

MEMBER