Punjab
Ludhiana
CC/22/74
Nitesh Kumar Sinha - Complainant(s)
Versus
Saharayn Universal Mult. Society Ltd - Opp.Party(s)
Ajay chawla Adv
02 May 2023
ORDER
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.
Complaint No: 74 dated 22.02.2022. Date of decision: 02.05.2023.
Sr. No. | Certificate No. | Membership No. | Scheme |
1. | 085000667832 | 969874000200 | Fixed deposit |
2. | 085000676813 | 927036000381 | Fixed deposit |
3. | 085000676819 | 927036000381 | Fixed deposit |
4. | 085000676820 | 927036000381 | Fixed deposit |
5. | 085000676821 | 927036000381 | Fixed deposit |
6. | 085000676824 | 927036000381 | Fixed deposit |
7. | 085000676825 | 927036000381 | Fixed deposit |
8. | 085000676826 | 927036000381 | Fixed deposit |
9. | 105000068455 | 927036000381 | Fixed deposit |
10. | 105000068456 | 927036000381 | Fixed deposit |
11. | 105000068473 | 927036000381 | Fixed deposit |
12. | 105000796682 | 927036000381 | Fixed deposit |
13. | 467000355873 | 927036001425 | Fixed deposit |
14. | 467000355953 | 927036001425 | Fixed deposit |
15. | 467004995222 | 969879000182 | Fixed deposit |
16. | 467004995866 | 927036001425 | Fixed deposit |
In the above said certificates, it was mentioned that the complainant would get a maturity amount with interest after its maturity. On the completion of the maturity period, the complainant approached the opposite parties to release the agreed maturity amount along with interest but initially they kept the matter pending on one pretext and another. The agreed amount along with interest was not disbursed despite complainant’s repeated requests and visits to the office of the opposite parties. 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 refund of the amount of Rs.4,11,469/- along with interest and compensation to the tune of Rs.5,00,000/- on account of mental agony, harassment and distress. The complainant also claimed litigation expenses.
2. Upon notice, Sh. Sandeep Kumar, Advocate appeared and filed memo of appearance on behalf of the opposite parties but thereafter, none turned up for the opposite parties nor filed regular power of attorney along with written statement affidavit and documents despite grant of sufficient opportunity and as such, defence of the opposite parties was struck of vide order dated 12.08.2022.
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 Aadhar card as Ex. C1 and also tendered certificate Ex. C2 to Ex. C17 issued by the opposite parties 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 which are reproduced as under:-
Sr. No. | Certificate No. | Amount (Rs.) | Date of deposit |
1. | 85000667832 | 42954 | 15.02.2016 |
2. | 085000676813 | 6000 | 11.02.2017 |
3. | 085000676819 | 60000 | 14.03.2017 |
4. | 085000676820 | 80000 | 14.03.2017 |
5. | 085000676821 | 15000 | 22.03.2017 |
6. | 085000676824 | 15000 | 31.03.2017 |
7. | 085000676825 | 15000 | 31.03.2017 |
8. | 085000676826 | 10000 | 31.03.2017 |
9. | 105000068455 | 15000 | 08.02.2016 |
10. | 105000068456 | 15000 | 08.02.2016 |
11. | 105000068473 | 15000 | 12.02.2016 |
12. | 105000796682 | 15000 | 22.03.2017 |
13. | 467000355873 | 13350 | 30.05.2018 |
14. | 467000355953 | 34635 | 11.06.2018 |
15. | 467004995222 | 12250 | 10.07.2019 |
16. | 467004995866 | 16380 | 31.12.2018 |
Though the evidence of the complainant has gone unrebutted on the file, the certificates/receipts Ex. C2 to Ex. C17 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. C2 to Ex. C17. In these circumstances, it would be just and proper if the opposite parties are directed to refund the above said invested amount along with interest @8% from the date of deposit till date of actual payment along with composite costs of Rs.10,000/-.
6. As a result of above discussion, the complaint is allowed with an order that the opposite parties shall be jointly and severally liable to pay the following invested amounts to the complainant along with interest @8% per annum from the date of deposit till date of actual payment:-
Sr. No. | Certificate No. | Amount (Rs.) | Date of deposit |
1. | 85000667832 | 42954 | 15.02.2016 |
2. | 085000676813 | 6000 | 11.02.2017 |
3. | 085000676819 | 60000 | 14.03.2017 |
4. | 085000676820 | 80000 | 14.03.2017 |
5. | 085000676821 | 15000 | 22.03.2017 |
6. | 085000676824 | 15000 | 31.03.2017 |
7. | 085000676825 | 15000 | 31.03.2017 |
8. | 085000676826 | 10000 | 31.03.2017 |
9. | 105000068455 | 15000 | 08.02.2016 |
10. | 105000068456 | 15000 | 08.02.2016 |
11. | 105000068473 | 15000 | 12.02.2016 |
12. | 105000796682 | 15000 | 22.03.2017 |
13. | 467000355873 | 13350 | 30.05.2018 |
14. | 467000355953 | 34635 | 11.06.2018 |
15. | 467004995222 | 12250 | 10.07.2019 |
16. | 467004995866 | 16380 | 31.12.2018 |
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:02.05.2023.
Gobind Ram.
Nitesh Kumar Sinha Vs Saharayn Universal CC/22/74
Present: Ms. Tripti, Advocate for complainant.
None for OPs. (Defence of OPs already struck of vide order dated 12.08.2022.)
Fie taken up today as on 01.05.2023 was declared holiday on account of May day/Labour Day.
Learned counsel for the complainant closed evidence after tendering affidavit Ex. CA along with documents Ex. C1 to Ex. C17.
Arguments heard. Vide separate detailed order of today, the complaint is allowed with an order that the opposite parties shall be jointly and severally liable to pay the following invested amounts to the complainant along with interest @8% per annum from the date of deposit till date of actual payment:-
Sr. No. | Certificate No. | Amount (Rs.) | Date of deposit |
1. | 85000667832 | 42954 | 15.02.2016 |
2. | 085000676813 | 6000 | 11.02.2017 |
3. | 085000676819 | 60000 | 14.03.2017 |
4. | 085000676820 | 80000 | 14.03.2017 |
5. | 085000676821 | 15000 | 22.03.2017 |
6. | 085000676824 | 15000 | 31.03.2017 |
7. | 085000676825 | 15000 | 31.03.2017 |
8. | 085000676826 | 10000 | 31.03.2017 |
9. | 105000068455 | 15000 | 08.02.2016 |
10. | 105000068456 | 15000 | 08.02.2016 |
11. | 105000068473 | 15000 | 12.02.2016 |
12. | 105000796682 | 15000 | 22.03.2017 |
13. | 467000355873 | 13350 | 30.05.2018 |
14. | 467000355953 | 34635 | 11.06.2018 |
15. | 467004995222 | 12250 | 10.07.2019 |
16. | 467004995866 | 16380 | 31.12.2018 |
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:02.05.2023.
Gobind Ram.
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