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Parveen Kumar filed a consumer case on 02 Dec 2024 against Saharayn Universal Multipurpose Society Ltd. through Sector Manager Rohtak additional charge for Cha in the Charkhi Dadri Consumer Court. The case no is CC/16/2023 and the judgment uploaded on 05 Dec 2024.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.
Complaint Case No. 16 of 2023
Date of Institution: 19.01.2023
Date of Decision: 02.12.2024
Parveen Kumar son of Dayanand, resident of village Kheri Sanwal, Tehsil & District Charkhi Dadri
…….Complainant.
Versus
…....OPs/Respondents.
COMPLAINT UNDER THE
CONSUMER PROTECTION ACT.
Before: - Hon’ble Shri Manjit Singh Naryal, President
(Proceeded under Section 64 of the Consumer Protection Act, 2019)
Present: Shri Sachin Martha, Adv. for complainant.
OP no.1 given up.
OP no.2&3 already exparte.
ORDER:-
1. The facts of the complaint are that Sh. Parveen Kumar (hereinafter referred to as “the complainant”) has filed the present complaint against opposite parties (hereinafter referred to as “the OPs) with the averments that the complainant had deposited/invested amount of Rs.15,000/-each in six certificates under Star Two plan and Rs.11,000/- in one certificate bearing No.795002426093 with the OPs. The details of Star Two plans are given below:-
Sr. No. | Certificate No. | Date of Opening | Deposited amount |
1. | 795002426087 | 31.12.2016 | Rs. 15,000/- |
2. | 795002426088 | 31.12.2016 | Rs. 15,000/- |
3. | 795002426089 | 31.12.2016 | Rs. 15,000/- |
4. | 795002426090 | 31.12.2016 | Rs. 15,000/- |
5. | 795002426091 | 31.12.2016 | Rs. 15,000/- |
6. | 795002426092 | 31.12.2016 | Rs. 15,000/- |
7. | 795002426093 | 31.12.2016 | Rs. 11,000/ |
It is averred that maturity amount of the said deposits was Rs.2,02,000/- on maturity date i.e. 31.04.2022 and that despite making several requests and visits, the OPs failed to make the payment of maturity amount of said Certificates to the complainant. It is further averred that there is deficiency in service on the part of the OPs. Hence, this complaint seeking directions against the OPs to pay the amount of Rs. 2,02,000/- along with interest, compensation and the litigation expenses besides any other relief.
2. Upon notice through registered post, the OP no.2&3 failed to appear before the Commission and hence, OP No. 2&3 vide order dated 31.5.2024 were proceeded against exparte due to their non-appearance before the Commission. The OP No.1 was also given up vide order dt.23.7.2024 on the statement made by the counsel for complainant, recorded in this regard separately, by this Commission.
3. In the evidence, the complainant tendered affidavit as Ex. CW-1/A and documents Ex. C-1 to Ex. C-7 and closed the evidence on 21.10.2024.
4. We have heard the exparte arguments of learned counsel of the complainant and have gone through the entire evidence placed on record by the complainant very carefully and minutely.
During the course of arguments, the learned counsel of complainant reiterated the contents of complaint filed by the complainant and drawn the attention of this Commission towards the documents placed on record by the complainant.
5. We have observed that by filing his affidavit (Ex. CW-1/A), the complainant has corroborated the contents of his complaint as true and correct, and has further placed on record certificates No. 795002426093 (Ex. C-1) dated 31.12.2016, 795002426092 (Ex. C-2) dated 31.12.2016, 795002426091 (Ex. C-3) dated 31.12.2016, 795002426090 (Ex. C-4) dated 31.12.2016, 795002426089 (Ex. C-5) dated 31.12.2016, 795002426088 (Ex. C-6) dated 31.12.2016, 795002426087 (Ex. C-7) dated 31.12.2016 issued under Star Two Plan. On perusal of aforementioned receipt (Ex. C-1 to Ex.C7), it is specifically clear that the complainant had deposited/invested an aggregate amount of Rs. 1,01,000/- through the said 7 certificates on 31.12.2016 with the OPs. On the certificate, no amount and date of maturity has been mentioned.
6. From the perusal of evidence of the complainant produced in the shape of certificate (Ex. C-1 to Ex.C7) and corroborated by affidavit (Ex. CW-1/A) filed by complainant, it is established that by not refunding the deposited amount of said scheme to complainant, OP no.2&3 have acted in a deficient and negligent manner by not paying the deposited amount to the complainant.
7. In the result, the present complaint is allowed and OP no.2&3 are directed as under:-
8. The above order be complied within 45 days from the date of this order failing which further interest @12% will be paid by the OP no.2&3 for the delayed period.
9. If the order of this Commission is not complied with, then the complainant shall be entitled to file execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the defaulting party will be liable for prosecution under Section 72 of the said Act which provides punishment of imprisonment for a term which shall not less than one month, but which may extend to three years or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to Rs. one lac or with both. Copies of this order be sent to the parties free of costs as per rules and this order be promptly uploaded on the website of this Commission. File be consigned to the record room after due compliance.
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