Delhi

North

CC/40/2018

BELA DAS - Complainant(s)

Versus

M/S. VASUDHA STEELS LIMITED - Opp.Party(s)

MANOJ KUMAR

30 Jun 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

 

CC No.: 40/2018

 

1) Smt. Bela Das,

     W/o Late Sh. J.C. Das

 

2) Sh. K.K. Das,

     S/o Sh. J.C. Das

 

3) P.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 Steels Limited,

2195, Bagichi Ragunath,

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

 

Sh. Tanuj Rastogi,

Director,

M/s Vasudha Steels Ltd.,

33, Ground Floor, NRI Complex,

Mandakini, Greater Kailash IV,

New Delhi-110019.                                                                                        …                 Opposite Party No.2

 

Sh. Jaswant Singh,

Director,

M/s Vasudha Steels Limited,

Gali No.16, House No.16/211,

Kaushik Enclave, Burari,

Delhi-110084.                                                                                               …                    Opposite Party No.3

 

Sh. Sunil Gupta,

Director,

M/s Vasudha Steels Limited,

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

Gandi Nagar, Delhi-110031.                                                                  …                    Opposite Party No.4

 

Sh. Giriraj Kishore Gupta,

Director,

M/s Vasudha Steels Limited,

3436, Kucha Lallu Missar,

Qutab Road, Delhi-110006.                                                                   …                    Opposite Party No.5

ORDER

30/06/2023

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 amount of Rs.14,25,000/- with the OP-1 through following four FD(s):-

 

1. FDR No. VSL/FD/RIV/10081 dated 15.05.2016 for Rs.3,99,000/- (with maturity date as 14.05.2016 & maturity amount of Rs.4,49,078/-) in the name of J.C. Das as first Depositor, Bela Das as second depositor and K.K. Das as third depositor, either and survivor with Smt. Shipra Das as nominee.
2. FDR No. VSL/FD/RRR/10172 dated 10.04.2016 for Rs.3,55,000/- (with maturity date as 09.04.2017 and maturity amount of Rs.3,99,556/-) in the name of J.C. Das as first depositor, Bela Das as second depositor and K.K. Das as third depositor, either and survivor, with Smt. Shipra Das as nominee.
3. FDR No. VSL/FD/RR/10424 dated 17.10.2015 for Rs.3,16,000/- (with maturity date as 16.10.2016 and maturity amount of Rs.3,55,661/-) in the name of J.C. Das as first depositor, K.K. Das as second depositor and P.K. Das as third depositor, either and survivor, with Sumita Das as Nominee.
4. FDR No.VSL/FD/RRR/10160 dated 15.02.2016 for Rs.3,55,000/- (with maturity date as 14.02.2017 and maturity amount of Rs.3,99,556/-) in the name of J.C. Das as first depositor, Bela Das second depositor, K.K. Das as third Depositor, either and survivor, with Shipra Das as Nominee

2)            On maturity of the abovesaid FD(s), the OP No.3, 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.	008138	14.05.2017	Rs.3,99,000/-
2.	008139	14.05.2017	Rs.50,078/-
3.	007981	09.04.2017	Rs.3,55,000/-
4.	007982	09.04.2017	Rs.44,556/-
5.	007468	16.10.2016	Rs.3,16,000/-
6.	007472	16.10.2016	Rs.39,661/-
7.	007933	14.02.2017	Rs.3,55,000/-
8.	007944	14.02.2017	Rs.44,556/-
9.	007985	10.04.2016	Rs.661/-
10.	007652	15.02.2016	Rs.661/-
11.	008140	15.05.2016	Rs.556/-

 

3)            All the aforesaid cheques were drawn by the OP-3 on Bank of Baroda, Sadar Bazar, Belhi-110006, in discharge of OPs liabilities for the payment of maturity amount of all four FDs and the OPs 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 Memos. The Complainants, thereafter, contacted the OP and demanded the amount in cash or through bank drafts or fresh cheques but the OP 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.16,05,729/- 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.2,00,000/- 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) “Kaffi Samay Se Office main tala Band hai” 23.12.2017 – (2) “left 22.12.2017”, (3) “Bar Bar Jane Par Prapt Karta Nahi Milta-26.12.2017”, (4) “Left-22.12.2017” and (5) “Prapt Karta Aab Is Pate Par Nahi Rehta Hai, Lihaza Vapa Jai 23.12.2017” respectively. It has also been alleged that the OPs are aware of the said notice 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.16,05,729/- 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.2,00,000/- 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 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, jointly and severally,  of all the four FDs mentioned at para 1, within thirty (30) days from the date of receipt of this order, with interest at the rate of 9% p.a. from date of maturity of each FD till the date of the payment. Besides, the OPs are also directed to pay, jointly and severally, Rs.100000/-(Rupees One lakh 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 OP-1 to the Complainant within the period as directed above, the OP 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                                                                  DIVYA JYOTI JAIPURIAR

Member                                                                                                         President       

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