Punjab

Ludhiana

CC/23/360

Vijay Kumar - Complainant(s)

Versus

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

Sharwan Sehgal

07 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 360 dated 31.08.2023.                                                        Date of decision: 07.03.2024. 

Vijay Kumar Mauray, Aged about 40 years Son of Shri Sivhar Mauray, Resident of Near Post Office, Arvind Singh, Kohara, Ludhiana.

Aadhar Card No.7859 2458 8794.

Mobile No.88723-95263.                                                                                                                                                                                     ..…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 Sethi, Advocate.

For OPs                          :         Sh. Sandeep Kumar, Advocate (Right of the                                                         OPs to file written statement already                                                             extinguished vide order dated 12.01.2024)          

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                Briefly stated, the facts of the case are that the agent of OP3 allured the complainant to deposit the money with the OPs and as such, he deposited a sum of Rs.18,300/- in the shape of FDR. When the said FDR got matured, the OPs again lured him to get maturity amount invested in schemes of OP1 and OP2 in the shape of FDR and the complainant was also provided joining points at that time. Every joining point was worth Rs.100/- at the time of redemption and which could be redeemed after 72 months. Detail of the FDR and joining points is reproduced as under:-

The complainant further stated that he moved an application dated 20.04.2023 for premature withdrawal of FDR. Thereafter, the complainant many times contacted the opposite parties for release of FDR amount but they prolonged the matter on one pretext or the other and finally refused to encash the FDR. 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, Sh. Sandeep Kumar, Advocate appeared and filed memo of appearance on behalf of the opposite parties but thereafter, failed to file regular power of attorney along with written statement affidavit and documents despite grant of sufficient opportunity and as such, the right of the opposite parties to file written statement already extinguished vide order dated 12.01.2024.

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 his Aadhar Card, Ex. C2 is the copy of passbook of Central Bank of India, Ex. C3 is the copy of certificate No.337006746608 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. C3 vide which the complainant deposited Rs.18,300/- on 14.07.2018 issued by the opposite parties. Though the evidence has gone unrebutted on the file, the certificate Ex. C3 reveals that the complainant deposited Rs.18,300/- on 14.07.2018 with the opposite parties. However, the date of maturity and the amount of maturity has not been mentioned on the certificate. Even rate of interest has also not been mentioned on the certificate. In these circumstances, it would be just and proper if the opposite parties are directed to refund the deposited amount of Rs.18,300/- deposited through certificate Ex. C3 along with its incidental and consequential benefits with interest @8% from 14.07.2018 till date of actual payment along with composite costs of Rs.10,000/-.

6.                As a result of above discussion, the complaint is partly allowed with an order that the opposite parties shall be jointly and severally liable to refund the deposited amount of Rs.18,300/- deposited through certificate Ex. C3 along with its incidental and consequential benefits with interest @8% from 14.07.2018 till date of actual payment to the complainant within 30 days from the date of receipt of copy of order. 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:07.03.2024.

Gobind Ram.