Punjab

Ludhiana

CC/23/418

Shambhu Nath - Complainant(s)

Versus

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

Sharwan Sehgal

21 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 418 dated 15.09.2023.                                                        Date of decision: 21.02.2024. 

Shambhu Nath Yadav, Aged about 47 years Son of Shri Ram Dutt Yadav, Resident of House No.13, City Enclave-2, Sahnewal Road, Sanghu Palace, Kohara, Ludhiana.

Aadhar Card No.9197 6158 1103

Mobile No.98158-36505.                                                                                                                                                                  ..…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.

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 some amounts with the opposite parties in the shape of FDRs. The complainant stated that on the maturity of the said FDRs, the opposite parties again lured him to get the maturity amount reinvested in their schemes 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:-

The complainant further stated that he moved an application dated 30.03.2023 for premature withdrawal of FDR. Thereafter, he 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 application dated 30.03.2023 for premature withdrawal, Ex. C2 is the postal receipt, Ex. C3 is the copy of certificate No. 337003224544, Ex. C4 is the copy of certificate No. 517003461800, Ex. C5 is the copy of certificate No. 517003461799 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 her 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. 337003224544 issued by the opposite parties at the time the amount of Rs.7000/- was invested on 08.02.2018, Ex. C4 the copy of certificate No. 517003461800 issued by the opposite parties at the time the amount of Rs.60,000/- was invested on 31.12.2018 and Ex. C5 the copy of certificate No. 517003461799 issued by the opposite parties at the time the amount of Rs.47,000/- was invested on 31.12.2018.  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.47,000/- was invested for the maturity period of 30.04.2024 with maturity amount of Rs.94,000/-, the amount of Rs.60,000/- was invested for the maturity period of 30.04.2024 with maturity amount of Rs.1,20,000/- and the amount of Rs.7,000/- was invested for the maturity period of 08.02.2024 with maturity amount of Rs.35,250/-. Moreover, the complainant claimed the amount of Rs.1750/- with maturity amount of Rs.9375/- 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.47,000/-, amount of Rs.60,000/- and amount of Rs.7,000/- along with its incidental and consequential benefits with interest @8% per annum  from 31.12.2018, 31.12.2018 and 08.02.2018 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 refund the invested amount of Rs.47,000/-, amount of Rs.60,000/- and amount of Rs.7,000/- along with its incidental and consequential benefits with interest @8% per annum  from 31.12.2018, 31.12.2018 and 08.02.2018 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.