Order by:
Smt.Aparana Kundi, Member.
1. The complainant has filed the instant complaint under section 35 of Consumer Protection Act, 2019 on the allegations that previously a Finance Company under the name and style of “Grewal Brar Finance Co. (Regd) at Chowk Zira Road, 1st Floor opposite Church Moga was running by the husband of Opposite Party No.2 and father of Opposite Parties No.3 & 4 and then the said Finance Co. has been running under the name and style of “Sahibzada Ajit Singh Jujhar Singh Finance Corporation (Regd) at Chowk Zira Road, 1st Floor opposite CNI Church Moga now at Zira Road Opposite Street no.4, Sodhi Nagar, Moga i.e. opposite party no.2. Further alleges that the complainant being Ex-Government employee and known to said Late Atamjit Singh Nestle India Ltd. Moga has been depositing his hard earned money with husband/father of Opposite Parties 2 to 4 as opposite party no.1 through its Prop. Late Atamjit Singh had been promising to return the amount deposited with said Finance Company alongwith interest deposited in the shape of fixed deposits in respective account nos. i.e. Rs.9,37,000/- in account no.223 since 05.09.2016 and Rs.3,50,000/- in account no.209 since 24.12.2015 @ 15% p.a. with Opposite Party no.1 and which accounts were duly credited with respective accrued interest thereon. As such an amount of Rs.8,75,884/- was lying deposited in account no.223 issued by husband/father of opposite parties no.2 to 4 as on 21.01.2019 as shown in the passbook issued by opposite party no.1 and promised to return back the said deposited amount along with interest @ 18% p.a. Besides that an amount of Rs.12,14,175/- was lying deposited in account no.209 issued by husband/father of opposite parties no.2 to 4 as on 05.07.2018 as shown in the another passbook issued by Opposite Party no.1 and promised to return back the said deposited amount along with interest @ 15% p.a. The husband/father of opposite parties no.2 to 4 namely Atamjit Singh has since died and after his death and Opposite Parties no.2 to 4 being legal heirs of deceased Atamjit Singh has acquired the entire business/property/estate/affairs of Opposite Party no.1 by survivorship. Despite repeated demands and requests and representation to the Opposite Parties i.e. during the lifetime of said Atamjit Singh and his legal heirs Opposite Parties no.2 to 4, the Opposite Parties have been keeping on dilly dallying the matter on the one pretext or the other. Due to non returning of said hard earned amount/savings of complainant by Opposite Parties the complainant has suffered a lot. Despite repeated demands and representation to the Opposite Parties as detailed and described above, the Opposite Parties have been kept on dilly dallying the matter on the one pretext or the other and hence ultimately left with no other alternative but to file the present complaint after easing down of lockdown restrictions imposed on account on Covid-19 pandemic and complainant is hereby seeking the reimbursement of the above said due amount alongwith interest as complainant is in dire need of his hard earned money. Hence this complaint. Vide instant complaint, the complainant has sought the following reliefs.
a) Opposite Parties may be directed to pay the amount of Rs.32,85,422/- alongwith future interest till its actual realization.
b) The amount of Rs.50,000/- be allowed to be paid by the opposite parties on account of legal expenses and compensation due to mental tension and harassment to the complainant.
c) And any other relief to which this Hon’ble Consumer Commission, Moga may deem fit be granted in the interest of justice.
2. Upon service of notice, none has come present on behalf of opposite parties. Hence opposite parties were proceeded against exparte.
3. In order to prove his case, the complainant has tendered into evidence her affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C3 and closed her evidence.
4. We have perused the rival contentions of ld. counsel for the complainant and gone through the record. The case of the complainant is that the complainant has deposited his hard earned money with husband/father of Opposite Parties 2 to 4 as opposite party no.1 through its Prop. Late Atamjit Singh had been promising to return the amount deposited with their Finance Company alongwith interest deposited in the shape of fixed deposits in respective account nos. i.e. Rs.9,37,000/- in account no.223 since 05.09.2016 and Rs.3,50,000/- in account no.209 since 24.12.2015 @ 15% p.a. with Opposite Party no.1 and which accounts were duly credited with respective accrued interest thereon. As such an amount of Rs.8,75,884/- was lying deposited in account no.223 issued by husband/father of opposite parties no.2 to 4 as on 21.01.2019 as shown in the passbook issued by opposite party no.1 and promised to return back the said deposited amount along with interest @ 18% p.a. Besides that an amount of Rs.12,14,175/- was lying deposited in account no.209 issued by husband/father of opposite parties no.2 to 4 as on 05.07.2018 as shown in the another passbook issued by Opposite Party no.1 and promised to return back the said deposited amount along with interest @ 15% p.a. The husband/father of opposite parties no.2 to 4 namely Atamjit Singh has since died and after his death and Opposite Parties no.2 to 4 being legal heirs of deceased Atamjit Singh has acquired the entire business/property/estate/affairs of Opposite Party no.1 by survivorship. Despite repeated demands and requests and representation to the Opposite Parties i.e. during the lifetime of said Atamjit Singh and his legal heirs Opposite Parties no.2 to 4, the Opposite Parties have failed to pay any amount to complainant. To corroborate his aforesaid assertion, the complainant has placed on record his duly sworn affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C3. The aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as the Opposite Parties did not opt to appear and contest the proceedings. In this way, the Opposite Parties have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties have no defence to offer or defend the complaint.
5. So, from the entire unrebutted and unchallenged evidence produced by the complainant on record, it stands fully proved on record that the Opposite Parties have adopted unfair trade practice and deficiency in service by not making the payment deposited by the complainant in the shape of fixed deposits.
6. It is not disputed that complainant deposited the amount in question with the opposite parties on different dates as specifically depicted in Ex.C2 & Ex.C3. More-so even after dissolving the firm its Proprietor, Partners, Directors or legal heirs cannot absolved from their legal liability. Moreover, from the perusal of the records it has been fully proved that the complainant has deposited the amount of Rs.12,14,175, in account no.209 (copy of which is Ex.C2) and an amount of Rs.8,75,884/- in account no.223 (copy of which is Ex.C3) with the opposite parties. So, we allow the same.
8. In view of the aforesaid facts and circumstances, we partly allow the complaint of the complainant. The Opposite Parties are jointly or severally directed to make the payment of deposited amount i.e. Rs.20,90,059/- (Rupees Twenty Lacs Ninety Thousand and Fifty Nine only) alongwith interest @ 8% per annum from its respective deposit dates till its actual realization. The compliance of this order be made by the Opposite Parties within 60 days from the date of receipt of copy of this order, failing which the Complainant shall be at liberty to get the order enforced through the indulgence of this Commission. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Commission
