Delhi

North

CC/41/2018

PRASANTA KUMAR DAS - Complainant(s)

Versus

M/S. VASUDHA METALS & INDUSTRIES LIMITED - Opp.Party(s)

MANOJ KUMAR

20 Nov 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No.: 41/2018

 

                   In the matter of

 

1) Sh. Prasanta Kumar Das (now deceased),

              S/o late Sh. J. C. Das

                   Through his legal heirs

1. Smt. Sumita Das

W/o late Sh. Prasanta Kumar Das

2. Sh. Supratik Das

S/o Late sh. Prasanta Kumar Das

 

2) Sh. K.K. Das,

              S/o Sh. J.C. Das         

 

All Residents of

         C/12-G, DDA Flats, Munirka,

         New Delhi-110067.                                                                  …                 Complainants

 

                                                          Vs

 

M/s Vasudha Metals & Industries Limited,

Through its Directors

Office at 5743/46, South Basti Harphool Singh,

Sadar Bazar, Delhi-110006.                                                         …            Opposite Party No.1

 

 

Sh. Sunil Gupta,

Director, M/S. Vasudha Metals & Industries Ltd.

X-2006-A, Rajgarh Extn., Gali No.6,

Gandhi Nagar, Delhi-110031.                                                      …            Opposite Party No.2

 

 

Sh. Ashish Kumar Sharma

Director, M/S. Vasudha Metals & Industries Ltd.

B-396, Brij Vihar, Gaziabad,

U. P. Pin-201011.                                                                          …               Opposite Party No.3

 

 

 

Sh. Pran Govinda Gomasta,

Director, M/S. Vasudha Metals & Industries Ltd.

E-5, Harswaroop Colony, Fatehpur Beri,

Delhi PIN 110074.                                                                            …          Opposite Party No.4

 

ORDER

20/11/2023

 

Ashwani Kumar Mehta, Member:

 

1)       The present complaint has been filed under Section 12 of the Consumer Protection Act, 1986 alleging that the Complainants deposited an amount of Rs.3,55,000/- with the OP-1 through FDR No. GIL/FD/RRR/10223  for Rs.3,99,000. D- (with maturity date as 11.04.2017 & maturity amount of Rs.3,99,556/-) through Sh. J.C.Das (Now deceased) in the Joint names of  Prasanta Kumar Das (Now deceased)   and Sh. K K Das and survivor with Smt. Sumita Das as nominee.

 

2)       On maturity of the abovesaid FDR, the OP No.4, being the Director/ Authorised signatory of the OP No.1 company, issued the following cheques in favour of Sh. J.C. Das with the consent of the other above mentioned depositors:-

S. No.	Cheque No.	Dated	Amount
1.	085465	11.04.2017	Rs.3,55,000/-
2.	085466	11.04.2017	Rs.44,556/-
3.	085467	12.04.2016	Rs.661/-
		Total	4,00,217/-

 

3)       All the aforesaid cheques were drawn on Axis Bank Ltd., D B Gupta Road, New Delhi-110005 in discharge of OPs liabilities for the payment of maturity amount of FD and the OPs have further assured the Complainants that the said cheques are good for payment and will be encashed on presentation. As such, the Complainants accepted the same on their assurances. Sh. J.C. Das, however, expired at Delhi on 19.07.2016 and after his death, his wife Smt. Bela Das presented the above said cheques issued by the OP for encashment in the joint account but the cheques were dishonoured by the OP’s bank and the banker of Smt. Bela Das returned the said cheques alongwith return Memo stating the reason of dishonouring the cheque as “Account Blocked”. The Complainants, thereafter, contacted the OPs and demanded the amount in cash or through bank drafts or fresh cheques but the OPs neither made the payment against dishonoured cheques nor gave any satisfactory reply and put off the mater on the one pretext or the other. The Complainants, thereafter, sent a legal notice dated 11.12.2017 through their Advocates to the OPs thereby calling upon the OPs to pay the abovesaid amount of Rs.4,00,217/- i.e. the amount of the aforesaid dishonoured cheques with interest accrued thereon since after the date of maturity of the FDRs till payment and a compensation of Rs.80,000/- for harassment, causing mental tension and agony to the Complainants, within 15 days of the receipt of the notice. The notice was sent through Speed post but the same were received back undelivered with the remarks (1) “Premises Locked/ Lambe Samay Se Firm par tala band, vapsi 26.12.2017” – (2) “left 22.12.2017”, (3) “Iss Nam ka Iss Makan me Nahi, Vapis-23.12.2017” and “Left-22.12.2018” respectively. It has also been alleged that the OPs are aware of the said notices and are avoiding intentionally and deliberately to accept the same.

4)       It is further alleged that the OPs are illegally withholding the amount of the abovesaid cheques and as such, the OPs have made themselves liable for payment of interest on the said amount at 24% per annum till payment. Therefore, it has been prayed that the OPs may be directed:-

1. to pay the amount of Rs.4,00,217/- of the abovesaid dishonoured cheques issued towards the discharge of the liabilities against the FDRs alongwith the interest on the said amount ill date of payment at the rate of 24% per annum jointly & severally;
2. to pay Rs.80,000/- towards the compensation for mental torture and harassment caused to the Complainants on account of illegal withholding of the amount and not releasing the same inspite of repeated demands and notice of demand mentioned above;
3. to pay Rs.10,000/- as the costs of the legal notice and the present proceedings.

5.       Accordingly, notices were issued to all the OPs which could not be served and received back undelivered from the Postal Department with the remarks that (1) Lambe Samay Se Firm par tala band lihaja vapsi 18.04.2018” – (2) “left 18.04.2018”, (3) “Iss Nam ka Iss Makan me Nahi, Vapis-21.042023” and “Left-18.04.2018.12.2018” respectively. Thereafter, notices were served to the OPs, by way of publication in the Newspaper, to defend the complaint before the commission but the OPs neither appeared nor did they send any communication despite service of the notice. Since the OPs chose not to appear despite service by way of publication and have been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted. Therefore, the complaint has been examined on merits on the basis of the documents/evidences and material available on records and we are of the considered view that the complainants have suffered directly due to deficient service of the OPs in terms of the deficiency defined in the Act which includes  any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer.               

6.       Therefore, we feel appropriate to direct the OPs  to pay the maturity amount i.e. Rs.4,00,217/- to the Complainant, jointly and severally, within thirty (30) days from the date of receipt of this order, with interest at the rate of 9% p.a. from 11-04-2017 till the date of the payment. Besides, the OPs are also directed to pay, jointly and severally, Rs.80,000/-(Rupees Eighty Thousand only) as compensation to the Complainant for the mental pain, agony and harassment. It is clarified that if the abovesaid amount is not paid by the OPs to the Complainant within the period as directed above, the OPs shall be liable to pay interest @12% per annum from the date of expiry of 30 days period.

7.       Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

 

ASHWANI KUMAR MEHTA                                              HARPREET KAUR CHARYA

Member                                                                                   Member       

                                            DCDRC-1 (North)                                                              DCDRC-1 (North)

 

 

DIVYA JYOTI JAIPURIAR

President

DCDRC-1 (North)