This is an application u/s.35 of the C.P. Act, 2019. The case of the complainant, in a nutshell; is that she invested Rs. 2,67,000/- with the OP-4 and the OP-1 issued one certificate bearing No. 82000357120 dated 01.03.2012 in her favour for period of 120 months. The OPs undertake to refund the invested amount with payment of monthly interest of Rs. 1,114/- . The OPs were all along paying monthly interest against above mentioned certificate but on a certain they arbitrarily stopped making payment of interest since June 2019. Despite repeated request and reminder, the OPs have failed and neglected to refund the invested amount without assigning any cogent reason. Complainant has no source of income to maintain herself including her family members except the monthly interest of the invested amount. Complainant alleged that the acts, activities and conduct of the OPs constitute a clear case of deficiency of service and unfair trade practice. Hence, the complainant has prayed for directing the OPs to refund principal invested amount of Rs. 2,67,000/- along with interest @ of 18 percent p.a. till the date of making payment including compensation of Rs. 2,00,000/- and litigation cost.
The complaint is not resisted by the OPs and they did not come forward to file any WV within the specified period from the date of notice. As such, the consumer case has proceeded ex parte against the OPs vide proceedings dated 17.06.2021. Decision with Reasons Complainant Smt. Puja Lal has filed her evidence by way of affidavit supporting the allegations made in the complaint. Ld. Advocate for the complainant has taken us through the consumer complaint as also evidence adduced in support of the complaint. On perusal of the photocopy of certificate bearing No. 82000357120, it appears that the complainant deposited Rs. 2,67,000/- to the OP-4 on 01.03.2012 and the maturity date of the subject certificate is 01.03.2022. Complainant is a housewife and the OPs without any cogent reason stopped payment of monthly interest of Rs. 2,114/- since June, 2019. Photocopy of legal notice dated 23.06.2020, goes to show that the complainant through her Advocate call upon the OPs to refund the deposited amount along with interest within 15 days from the date of service of notices. Despite service of notices, the OPs did not refund the principal amount along with monthly interest accrued thereon to the complainant. Thus, it stands to prove that the OPs have failed to refund the deposited amount of Rs. 2,67,000/- to the complainant against certificate No. 82000357120. In absence of any explanation and failure to comply the legal notice dated 23.06.2020, we have no hesitation in concluding that the OPs have committed deficiency in service as also have indulged unfair trade practice. We do not find any reason why the OPs collected the amount from the complainant by issuing certificate and hold such amount as per their own discretion without paying any monthly interest. The complainant is a housewife. She needs money for maintenance of her family. Now, the question as to what should be the amount of compensation to be granted to the complainant? The Ld. Advocate for the complainant however, has pressed interest @ 18 percent p.a. on the deposited amount of Rs. 2,67,000/- including compensation of Rs. 2,00,000/-, agreed monthly interest of Rs. 2,114/-and litigation cost. In our opinion, the claim of interest @ 18 percent p.a. and compensation of Rs. 2,00,000/- is too much excessive. In our considered view, it would adequately meet ends of justice, if simple interest @ 6 percent p.a. and Rs. 10,000/- as compensation are allowed on account of mental agony and physical harassment suffered by complainant. In view of the foregoing discussion, the consumer complaint is allowed ex parte in part against OPs with the following directions:- - OPs are directed to refund principal amount of Rs. 2,67,000/- only to the complainant along with simple interest @ 6 percent p.a. from June, 2019 till actual payment.
- OPs are directed to pay Rs. 10,000/- only as compensation on account of mental and physical harassment suffered by the complainant.
- OPs are directed to pay Rs. 1,000/- only towards litigation cost to the complainant.
- OPs are directed to pay Rs. 5,000/- only to this Commission as punitive damage for unfair trade practice.
The above directions be complied by the OPs within a period of 60 days from today, failing which the complainant shall be at liberty to execute the order by filing application under Sections 71 & 72 of the C.P Act, 2019 against the OPs. Copy of the final order be supplied to the parties as per rules and also be uploaded on the website of this commission forthwith. |
