Punjab

Ludhiana

CC/23/207

Ashish Kumar - Complainant(s)

Versus

Saharayan Universal Multipurpose Society Limited - Opp.Party(s)

Sharwan Sehgal

27 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 207 dated 25.05.2023.                                                        Date of decision: 27.09.2023. 

Ashish Kumar aged about 21 years son of Shri Shatrughan Singh, resident of House No.122, Kohara, Ludhiana.

Mobile No.89687-99148.                                                                                                                                                                           ..…Complainant

                                                Versus

1. Saharayn Universal Multipurpose Society Limited, Registered office at 195, Zone-1, In Front of D.B. Mall, M.P. Nagar, Bhopal, Madhya Pradesh-462011 through its Director. Email:

Complaint Under Section 35 of the Consumer Protection Act, 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

COUNSEL FOR THE PARTIES:

For complainant             :         Ms. Shruti, Advocate.

For OPs                          :         Exparte.

ORDER

PER MONIKA BHAGAT, MEMBER

1.                Briefly stated, the facts of the case are that on the allurement of the agent of the opposite parties, the complainant deposited a sum of Rs.22,550/- with the opposite parties in the shape of FDR. The complainant stated that on the maturity of the said FDR, the opposite parties again lured him to get the maturity amount reinvested in their schemed in the shape of FDR and the complainant was also provided joining points at that time. Every joining points was worth Rs.100/- at the time of redemption, which could be redeemed after 36 months. Detail of the FDR and joining points is reproduced as under:-

The complainant further stated after completion of period of FDR, he many times contacted the opposite parties for release of FDR amount but they prolonged the matter on one pretext or the other and finally refused to encash the FDR. Therefore, the complainant filed the present complaint asserting that the act and conduct of the opposite parties amounts to deficiency of service and further prayed for paying the maturity amount along with interest and compensation to the tune of Rs.3,00,000/- on account of mental pain, agony and harassment etc.

2.                Upon notice, none appeared on behalf of the opposite parties despite service and as such, the opposite parties were proceeded against exparte vide order dated 18.08.2023.

3.                In evidence, the complainant tendered his affidavit as Ex. PA and reiterated his averments of the complaint. The complainant also placed on record Ex. C1 is the copy of passbook with Central Bank of India, Ex. C2 is the copy of PAN card of the complainant, Ex. C3 is the copy of certificate No. 467000922869 and closed the evidence.

4.                We have heard the counsel for the complainant and also gone through the complaint, affidavit and documents annexed by the complainant.

5.                In his affidavit Ex. PA, the complainant has reiterated the entire case as set forth in the complaint. The complainant has further proved on record the copy of certificate Ex. C3 issued by the opposite parties at the time the amount of Rs.22,550/- as per certificate No.467000299869 was invested on 16.02.2018. Though the exparte evidence has gone unrebutted on the file, the certificate Ex. C3 reveals that the maturity amount has not been mentioned therein with date of maturity. Even rate of interest also not mentioned in the certificate Ex. C3. It has been claimed in the pleadings that the amount was invested for the maturity period of 16.02.2021 with maturity amount of Rs.76,725/-. In these circumstances, in our considered view, it would be just and proper if the opposite parties are made to refund the invested amount of Rs.22,550/- along with its incidental and consequential benefits with interest @8% per annum  from 16.02.2018 till date of actual payment along with composite costs and compensation of Rs.10,000/-. 

6.                As a result of above discussion, the complaint is partly allowed exparte with an order that the opposite parties shall be jointly and severally liable to refund the invested amount of Rs.22,550/- along with its incidental and consequential benefits with interest @8% per annum  from 16.02.2018 till date of actual payment. The opposite parties shall further pay a composite compensation of Rs.10,000/- (Rupees Ten Thousand only) to the complainant. Compliance of order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

(Monika Bhagat)          (Jaswinder Singh)             (Sanjeev Batra)

Member                         Member                              President        

Announced in Open Commission.

Dated:27.09.2023.

Gobind Ram.