Punjab

Ludhiana

CC/23/124

Dharminder Kumar - Complainant(s)

Versus

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

Manoj Lekhi

06 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:  124 dated 22.03.2023.                                                       Date of decision: 06.03.2024. 

 

Dharminder Kumar S/o. Sh. Sajjan Ram, R/o. Gill, Ludhiana, Punjab-141116. Mob. No.9878461212.                                                                                                                                                                      ..…Complainant

                                                Versus

1. Saharayn Universal Multipurpose Society Limited, Regd. Office: # 195, Zone 1, In Front of D.B. Mall, M.P. Nagar, Bhopal, Madhya Pradesh-462011, through its Director/M.D./C.E.O.
2. Saharayn Universal Multipurpose Society Limited, Kailash Chowk, Ludhiana, through its Manager/Authorized Signatory.
3. Saharayn Universal Multipurpose Society Limited, Opposite Grand Marian Hotel, Dugri Road, Ludhiana, through its Manager/Authorized Signatory.   
4. Saharayn Universal Multipurpose Society Limited, Bal Tower, 2^nd Floor, Near Dada Motor, G.T. Delhi Road, District Ludhiana, through its Manager/Authorized Signatory.                                                                                                                                           …..Opposite parties 

Complaint Under Section 35 and 14 of the Consumer Protection Act, 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Manoj Lekhi, Advocate.

For OP1                         :         Exparte.

For OP2 to OP4             :         Sh. Pankaj Sood, Advocate (Right of the                                                    OP2 to OP4 to file written statement already                                                extinguished vide order dated 05.01.2024)          

ORDER

PER SANJEEV BATRA, PRESIDENT

 

1.                Briefly stated, the facts of the case are that on the inducement of officials of the opposite parties of handsome return and timely payment, the complainant availed plan in the shape of FDRs from the OPs, the details of which is reproduced as under:-

i.  Receipt No. 34021926367, Certificate No. 337003226100, Membership No. 969874000030 dated 15.01.2018 for Rs. 50,000/- in GLOBAL plan

ii. Receipt No. 34021926368, Certificate No. 337000917301, Membership No. 969874000030 dated 15.01.2018 for Rs. 12,250/- in GLOBAL plan

iii. Receipt No. 34021926533, Certificate No. 337000917360, Membership No. 969874000030 dated 30.01.2018 for Rs. 60,000/- in GLOBAL plan

iv) Receipt No. 795000552893, Certificate No. 795000552893, Membership No. 969874000030 dated 11.02.2016 for Rs. 8,08,153/- in STAR TWO plan

 

The complainant approached and requested the opposite parties to encash the above said FDRs but they kept the matter dilly delayed on false pretext. Even from the last two years, no interest has been paid to the complainant. Due to non-encashment of FDRs amount by the opposite parties, the complainant has suffered mental pain, agony and harassment etc. Therefore, the complainant filed the present complaint asserting that the act and conduct of the opposite parties amounts to deficiency in service and further prayed for making payment of proceeds of the said FDRs and to pay compensation to the tune of Rs.1,00,000/- on account of mental agony, harassment and distress. The complainant also claimed litigation expenses of Rs.11,000/-.

2.                Notice to opposite party No.1 sent through registered post was received with report of refusal and as such, opposite party No.1 was proceeded against exparte vide order dated 19.06.2023.

3.                Upon notice, Sh. Pankaj Sood, Advocate appeared and filed power of memo of opposite parties No.2 to OP4 but thereafter, failed to file regular power of attorney along with written statement affidavit and documents despite grant of sufficient opportunity and as such, the right of opposite parties No.2 to OP4 to file written statement already extinguished vide order dated 05.01.2024.

3.                In evidence, the complainant tendered her affidavit as Ex. CA and reiterated her averments of the complaint. The complainant also placed on record Ex. C1 is the copy of his Aadhar Card, Ex. C2 is the copy of certificate No. 337003226100, Ex. C3 is the copy of certificate No. 337000917301, Ex. C4 is the copy of certificate No. 337000917360, Ex. C5 is the copy of certificate No, 795000552893 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 her affidavit Ex. CA, 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. C2 vide which the complainant deposited Rs.50,000/- on 15.01.2018, the copy of certificate Ex. C3 vide which the complainant deposited Rs.12,250/- on 15.01.2018, the copy of certificate Ex. C4 vide which the complainant deposited Rs.60,000/- on 30.01.2018 and the copy of certificate Ex. C5 vide which the complainant deposited Rs.8,08,153/- on 11.02.2016  issued by the opposite parties. Though the evidence has gone unrebutted on the file, the certificates Ex. C2 to Ex. C5 reveal that the complainant deposited Rs.50,000/- on 15.01.2018, Rs.12,250/-  on 15.01.2018, Rs.60,000/- on 30.01.2018 and Rs.8,08,153/- on 11.02.2016  respectively with the opposite parties. However, the date of maturity and the amount of maturity has not been mentioned on these certificates. Even rate of interest has also not been mentioned on these certificates. In these circumstances, it would be just and proper if the opposite parties are directed to refund the deposited amount of Rs.50,000/-, Rs.12,250/-, Rs.60,000/- and Rs.8,08,153/- deposited through certificates Ex. C2 to Ex. C5 along with interest @8% from 15.01.2018, 15.01.2018, 30.01.2018 and 11.02.2016 respectively till date of actual payment along with composite costs of Rs.10,000/-.

6.                As a result of above discussion, the complaint is partly allowed with an order that the opposite parties shall be jointly and severally liable to refund the deposited amount of Rs.50,000/-, Rs.12,250/-, Rs.60,000/- and Rs.8,08,153/- deposited through certificates Ex. C2 to Ex. C5 along with interest @8% from 15.01.2018, 15.01.2018, 30.01.2018 and 11.02.2016 till date of actual payment to the complainant within 30 days from the date of receipt of copy of order. 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)                              (Sanjeev Batra)               Member                                         President  

 

Announced in Open Commission.

Dated:06.03.2024.

Gobind Ram.