Punjab

Ludhiana

CC/23/187

Krishna Sah - Complainant(s)

Versus

Saharayn Universal Mult. Society Ltd - Opp.Party(s)

Sharwan Sehgal

19 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 187 dated 12.05.2023.                                                        Date of decision: 19.09.2023. 

Krishna Sah @ Krishana Shah aged about 67 years son of Shri Dhruv Shah, resident of Village Ram Garh, Ludhiana. Email:

Mobile No.86997-05902.                                                                                                                                                                  ..…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

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.26,800/- with the opposite parties vide certificate No.975002121173 dated 22.01.2018 wherein it was mentioned that the complainant would get a maturity amount of Rs.53,600/-. The complainant further stated that she wrote an application dated 30.03.2023 to the opposite parties for premature withdrawal of the FDR as she was in some urgent need. The complainant approached the opposite parties to release the amount but they prolonged the mater 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 FDR amount as per pre-mature withdrawal along with interest and compensation to the tune of Rs.3,00,000/- on account of mental pain, agony and harassment.

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 04.08.2023.

3.                In evidence, the complainant tendered his affidavit as Ex. CA and reiterated his averments of the complaint. The complainant also placed on record copy of application dated 30.03.2023, Ex. C2 is the postal receipt, Ex. C3 is the copy of Aadhar card of the complainant, Ex. C4 is the copy of passbook of the complainant, Ex. C5 is the copy of certificate No.795002121173 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 copy of receipt Ex. C5 issued by the opposite parties at the time the amount of Rs.26,800/- as per certificate No.795002121173 was invested on 22.01.2018. Though the exparte evidence has gone unrebutted on the file, the certificate Ex. C5 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. C5. It has been claimed in the pleadings that the amount was invested for the maturity period of 22.05.2023 with maturity amount of Rs.53,600/-. In these circumstances, it would be just and proper if the opposite parties are directed to pay the invested amount of Rs.26,800/- along with interest @8% from 22.01.2018 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 exparte with an order that the opposite parties shall be jointly and severally liable to pay the invested amount of Rs.26,800/- along with interest @8% from 22.01.2018 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)                               (Sanjeev Batra) 

                    Member                                             President  

Announced in Open Commission.

Dated:19.09.2023.

Gobind Ram.