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Raj Kumar filed a consumer case on 21 Feb 2024 against Saharayn Universal Mult. Society Ltd in the Ludhiana Consumer Court. The case no is CC/23/417 and the judgment uploaded on 23 Feb 2024.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.
Complaint No: 417 dated 15.09.2023. Date of decision: 21.02.2024.
Raj Kumar Aged about 40 years Son of Shri Pyare Lal, Resident of Garry Industries, Hiran, Ludhiana.
Aadhar Card No.9282 2161 6694.
Mobile No.95013-68779. ..…Complainant
Versus
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 BAHGAT, MEMBER
1. Briefly stated, the facts of the case are that the agent of OP3 allured him to deposit the money with the OPs and as such, he deposited Rs.29,100/- vide FDR certificate No.467000139991, Rs.24,400/- vide FDR certificate No.467000139992 and Rs.55,550/- vide FDR certificate No.517001050509. The complainant stated that on the maturity of FDR certificate No.517001050509, the opposite parties again lured him to get the maturity amount reinvested in their schemes in the shape of FDR, the detail of which is as under:-
Sr. No. | Certificate No. | Date of issue | Date of Maturity | Deposit Amount | Maturity Amount |
1. | 517001050509 | 01.12.2017 | 01.04.2023 | Rs.55,550/- | Rs.1,11,100/- |
The complainant further stated that when FDR certificate No.467000139991 and No.467000139992 got matured, the OPs again lured him to get maturity amount invested in schemes of OP1 and OP2 in the shape of FDRs and the complainant was also provided joining points at that time. Every joining point was worth Rs.100/- at the time of redemption. Detail of the FDR and joining points is reproduced as under:-
Sr. No. | Certificate No. | Date of issue | Date of Maturity | Deposit Amount | Joining Points | Maturity amount |
1. | 467000139991 | 18.01.2018 | 18.01.2021 | Rs.13,000/- | Rs.16,100/- | Rs.43,650/- |
2. | 467000139992 | 18.01.2018 | 18.01.2021 | Rs.10,900/- | Rs.13,500/- | Rs.36,600/- |
|
|
|
|
| Total | Rs.80,250/- |
Thereafter, the complainant many times contacted the opposite parties for release of FDRs amount but they prolonged the matter on one pretext or the other and finally refused to encash the FDRs. 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 maturity amount along with interest and compensation to the tune of Rs.5,00,000/- on account of mental pain, agony and harassment etc.
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 13.12.2023.
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 passbook of State Bank of India, Ex. C2 is the copy of PAN Card of the complainant, Ex. C3 is the copy of certificate No. 517001050509, Ex. C4 is the copy of certificate No. 467000139992, Ex. C5 is the copy of certificate No. 467000139991 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 Ex. C3 the copy of certificate No. 517001050509 issued by the opposite parties at the time the amount of Rs.55,550/- was invested on 01.12.2017, Ex. C4 the copy of certificate No. 467000139992 issued by the opposite parties at the time the amount of Rs.10,900/- was invested on 18.01.2018 and Ex. C5 the copy of certificate No. 467000139991 issued by the opposite parties at the time the amount of Rs.13,000/- was invested on 18.01.2018. Though the exparte evidence has gone unrebutted on the file, the certificate Ex. C3 to 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. C3 to Ex. C5. It has been claimed in the pleadings that the amount of Rs.55,500/- was invested for the maturity period of 01.04.2023 with maturity amount of Rs.1,11,100/-, the amount of Rs.13,000/- was invested for the maturity period of 18.01.2021 with maturity amount of Rs.43,650/- and the amount of Rs.10,900/- was invested for the maturity period of 18.01.2021 with maturity amount of Rs.36,600/- but he failed to prove this by any documentary evidence. In these circumstances, in our considered view, it would be just and proper if the opposite parties are made to refund the invested amount of Rs.55,550/-, amount of Rs.10,900/- and amount of Rs.13,000/- along with its incidental and consequential benefits with interest @8% per annum from 01.12.2017, 18.01.2018 and 18.01.2018 respectively till date of actual payment along with composite costs and compensation 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 refund the invested amount of Rs.55,550/-, amount of Rs.10,900/- and amount of Rs.13,000/- along with its incidental and consequential benefits with interest @8% per annum from 01.12.2017, 18.01.2018 and 18.01.2018 respectively 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:21.02.2024.
Gobind Ram.
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