Punjab

Ludhiana

CC/22/483

Manjit Kaur - Complainant(s)

Versus

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

Manoj Lekhi

25 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:  483 dated 19.12.2022.                                                       Date of decision: 25.01.2024. 

 

Manjit Kaur W/o. Manjit Singh, House No.493, Street No.9, Gobindsar, New Shimla Puri, Ludhiana, Punjab-141003. 98147-44742.                                                                                                                     ..…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 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             :         None. (Right of OP2 to OP4 to file written                                                 statement already extinguished vide order dated                                           06.12.2023)

               

ORDER

PER MONIKA BHAGAT, MEMBER

 

1.                Briefly stated, the facts of the case are that on the inducement of officials of the opposite parties, the complainant availed STAR TWO Plan of the opposite parties in the shape of FDRs having membership No.969875000173 bearing receipt No.34019415372 vide certificate No.795-000890194, receipt No.34019415373 vide certificate No.795-000890195, receipt No.34019415374 vide certificate No.795-000890196, receipt No.34019415375 vide certificate No.795-000890197, receipt No.34019415376 vide certificate No.795-000890198, receipt No.34019415377 vide certificate No.795-000890199 for Rs.8500/- each dated 06.06.2016 respectively and receipt No.34019415378 vide certificate No.795-000890200, receipt No.34019415379 vide certificate No.795-000890501, receipt No.34019415380 vide certificate No.795-000890502, receipt No.34019415381 vide certificate No.795-000890503, receipt No.34019415382 vide certificate No.795-000890504, receipt No.34019415383 vide certificate No.795-000890505, receipt No.34019415384 vide certificate No.795-000890506, receipt No.34019415385 vide certificate No.795-000890507, receipt No.34019415386 vide certificate No.795-000890508, receipt No.34019415387 vide certificate No.795-000890509 for Rs.8300/- each dated 06.06.2016 respectively and receipt No.34019415388 vide certificate No.795-000890510, receipt No.34019415389 vide certificate No.795-000890511 for Rs.8000/- each dated 06.06.2016 respectively. The complainant approached and requested the opposite parties to encash the above said FDRs but they kept the matter dilly delayed on false pretext and finally refused to make the payment of the FDRs. 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.                Upon notice, Sh. Sandeep Kumar, Advocate appeared and filed power of attorney on behalf of opposite parties but thereafter, failed to file written statement affidavit and documents despite grant of sufficient opportunity and as such, the right of opposite parties to file written statement already extinguished vide order dated 06.12.2023

3.                In evidence, the complainant tendered his affidavit as Ex. CA and reiterated his averments of the complaint. The complainant also placed on record Ex. C1 is the copy of certificate No.795-000890194, Ex. C2 is the copy of certificate No.795-000890195, EX. C3 is the copy of certificate No.795-000890196, Ex. C4 is the copy of certificate No.795-000890197, Ex. C5 is the copy of certificate No.795-000890198, Ex. C6 is the copy of certificate No.795-000890199, Ex. C7 is the copy of certificate No.795-000890200, Ex. C8 is the copy of certificate No.795-001011501, Ex. C9 is the copy of certificate No.795-001011502, Ex. C10 is the copy of certificate No.795-001011503, Ex. C11 is the copy of certificate No.795-001011504, Ex. C12 is the copy of certificate No.795-001011505, Ex. C13 is the copy of certificate No.795-001011506, Ex. C14 is the copy of certificate No.795-001011507, Ex. C15 is the copy of certificate No.795-001011508, Ex. C16 is the copy of certificate No.795-001011509, Ex. C17 is the copy of certificate No.795-001011510, Ex. C18 is the copy of certificate No.795-001011511 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. CA, the complainant has reiterated the entire case as set forth in the complaint. The complainant has further proved on record the copies of certificates Ex. C1 to Ex. C6 vide which the complainant deposited Rs.8500/- each on 06.06.2016 respectively, the copies of certificates Ex. C7 to Ex. C16 vide which the complainant deposited Rs.8300/- each on 06.06.2016 respectively and also the copies of certificates Ex. C17 and Ex. C18 vide which the complainant deposited Rs.8000/- each on 06.06.2016 respectively.  Though the exparte evidence has gone unrebutted on the file, the certificates/receipts Ex. C1 to Ex. C18 reveal that the maturity amount has not been mentioned therein with date of maturity. Even rate of interest also not mentioned in the receipts/certificates Ex. C1 to Ex. C18. As such, in all the complainant has invested Rs.1,50,000/- with the opposite parties on 06.06.2016 vide certificate/receipts Ex. C1 to Ex. C18. In these circumstances, it would be just and proper if the opposite parties are directed to pay the invested amount of Rs.1,50,000/- as per certificates Ex.C1 to Ex.C18 along with interest @8% from 06.06.2016 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 pay the invested amount of Rs.1,50,000/- as per certificates Ex.C1 to Ex.C18, to the complainant along with interest @8% per annum  from 06.06.2016 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)                               (Sanjeev Batra)               Member                                         President  

 

Announced in Open Commission.

Dated:25.01.2024.

Gobind Ram.