Punjab

Ludhiana

CC/23/244

Mandeep Singh - Complainant(s)

Versus

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

Manoj Lekhi

20 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:  244 dated 15.06.2023.                                                       Date of decision: 20.12.2023. 

 

Mandeep Singh S/o. Sh. Gurmail Singh, R/o. Alamgir, Alamgir, Ludhiana, Punjab-14116. M. No.98149-45133.                                                                                                                                                  ..…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. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Manoj Lekhi, Advocate.

For OPs                          :         Exparte.

         

ORDER

PER MONIKA BHAGAT, MEMBER

 

1.                Briefly stated, the facts of the case are that on the inducement of the officials of the OPs, the complainant availed receipt No.4038175934, certificate No.795-004847089, Membership No.969879000174 dated 26.06.2019 for RS.5,00,000/- in STAR TWO plan of the OPs. The complainant many times  approached and requested the opposite parties to encash the above said FDR but they kept the matter dilly delayed on false pretext. The OPs are intentionally not making any payment 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 on account of mental agony, harassment and distress. The complainant also claimed litigation expenses.

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 19.09.2023.

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 certificate No.795004847089 as Ex. C1 and also tendered copy of his Aadhar card as Ex. C2 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. C1 issued by the opposite parties at the time the amount of Rs.5,00,000- as per certificate No.795004847089 was invested. Though the exparte evidence has gone unrebutted on the file, the certificate/receipt Ex. C1 reveals that the maturity amount has not been mentioned therein with date of maturity. Even rate of interest also not mentioned in the receipt/certificate Ex. C1. In these circumstances, it would be just and proper if the opposite parties are directed to pay the deposited/invested amount of Rs.5,00,000/- along with interest @8% from 26.06.2019 till date of actual payment along with composite costs of Rs.10,000/-.

6.                As a result of above discussion, the complaint is allowed exparte with an order that the opposite parties shall be jointly and severally liable to pay the deposited/invested amount of Rs.5,00,000/- along with interest @8% from 26.06.2019  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:20.12.2023.

Gobind Ram.