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Suresh Sah filed a consumer case on 05 Dec 2023 against Saharayn Universal Mult. Society Ltd in the Ludhiana Consumer Court. The case no is CC/23/293 and the judgment uploaded on 11 Dec 2023.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.
Complaint No: 293 dated 19.07.2023. Date of decision: 05.12.2023.
Suresh Sah @ Suresh Kumar, Aged about 44 years Son of Shri Sukhdev Sah, Resident of A.B. Property Advisor, Village Jandiali, Ludhiana.
Aadhar Card No.6843 5220 4616
Mobile No.88728-09237. ..…Complainant
Versus
Complaint Under Section 35 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 : 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.20,000/- and Rs.5000/- respectively 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 schemed in the shape of FDRs and the complainant was also provided joining points at that time. Every joining points 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 | Maturity amount |
1. | 795000828715 | 19.02.2016 | 23.06.2021 | Rs.20,000/- | Rs.40,000/- |
2. | 795000015568 | 23.02.2016 | 23.06.2021 | Rs.5,000/- | Rs.10,000/- |
|
|
|
| Total | Rs.50,000/- |
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.3,00,000/- 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 03.10.2023.
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 with Punjab and Sind Bank, Ex. C2 is the copy of certificate No. 795000015568, Ex. C3 is the copy of certificate No. 795000828715 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 certificate Ex. C2 issued by the opposite parties at the time the amount of Rs.5000/- vide certificate No. 795000015568 was invested on 23.02.2016 and Ex. C3 issued by the opposite parties at the time the amount of Rs.20,000/- vide certificate No. 795000828715 was invested on 19.02.2016. Though the exparte evidence has gone unrebutted on the file, the certificate Ex. C2 as well as Ex. C3 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. C2 and Ex. C3. It has been claimed in the pleadings that vide certificate Ex. C2, the amount was invested for the maturity period of 23.06.2021 with maturity amount of Rs.10,000/- vide certificate Ex. C2 and further vide certificate Ex. C3, the amount was invested for the maturity period of 23.06.2021 with maturity amount of Rs.40,000/-. 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.5000/- and Rs.20,000/- along with their incidental and consequential benefits with interest @8% per annum from 23.02.2016 and 19.02.2016 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.5000/- and Rs.20,000/- along with their incidental and consequential benefits with interest @8% per annum from 23.02.2016 and 19.02.2016 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) (Jaswinder Singh) (Sanjeev Batra) Member Member President
Announced in Open Commission.
Dated:05.12.2023.
Gobind Ram
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