BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 292 of 2018
Date of Institution : 03.12.2018
Date of Decision : 24.07.2019
Preeto Bai widow of Sh. Mangal Singh, resident of village 15-NP Post Office 22-NP, Tehsil Raisingh Nagar, District Ganganagar (Rajasthan).
……Complainant.
Versus.
- Sarvhit Housing and Infrastructure India Limited through Sukhmandar Singh Managing Director, r/o near Tower, Fatta road, village Meerpur Kalan, Tehsil Sardulgarh, District Mansa (Punjab).
- Proprietor/ M.D. Managing Director Sukhmandar Singh, resident of near Tower Fatta road, village Meerpur Kalan, Tehsil and District Sardulgarh.
- Sarvhit Housing and Infrastructure India Limited registered office House No.1638, Mansa road Sardulgarh, Tehsil Sardulgarh District Mansa, Punjab through Managing Director/ Proprietor/ Incharge.
..…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI R.L. AHUJA……………… PRESIDENT
SHRI ISSAM SINGH SAGWAL ……MEMBER.
MRS. SUKHDEEP KAUR, MEMBER.
Present: Sh. Surinder Singh on behalf of complainant.
Opposite parties exparte.
ORDER
In brief, the case of complainant is that opposite party Sarvhit company does its business mainly in Sardulgarh and Sukhmandar Singh is proprietor and Managing Director of this company and he used to allure the people of the villages to invest money in the company after showing dreams of huge interest amount by saying that it is a Government company and also used to show Govt. documents in this regard. He also used to show documents of Reserve Bank of India and SEBI and used to give assurance that any person who will invest the money in this company, his money will be safe and also used to say that if the company will be unable to return the money, then the plot mentioned in the policy will be given and the size of the plot is also mentioned in the policy. That on being allured by the proprietor of the company, the complainant also deposited an amount of Rs.1,00,000/- with the company and the ops issued a receipt bearing No.0005810 on 11.8.2009 in this regard and stated that this is registration letter of the deposit amount, registration number of which is SR/01/00032 dated 11.8.2009 in which it is shown that a plot of 700 yards will be given to the complainant and a FD bearing No.SR/01/00032 was also issued in favour of complainant. It is further averred that as per above documents, double amount of Rs.one lac i.e. Rs. two lacs will be payable on 11.1.2016 and the complainant will be legally entitled to receive the said amount from the company. That above said amount became due against the company on 11.1.2016 and the complainant contacted with the ops’ company at Sirsa and requested that FD has been matured and amount be given to her upon which the op company demanded original documents from her upon which the complainant handed over all the documents to the ops’ company regarding which a receipt dated 21.3.2016 was also issued by the ops in favour of complainant. That ops’ company also obtained signatures of the complainant on blank stamp paper of Rs.10/- and all these documents are available with the ops. It is further averred that complainant made several visits to the office of the ops on 21.9.2016, 10.1.2018, 15.8.2018 and 14.11.2018 and demanded her money but the ops have not given any amount so far and the complainant is entitled to the above said amount alongwith interest from the ops’ company. That the ops have given false assurances to the complainant and has committed fraud with her and has obtained all the original documents from her by telling lie and has caused harassment and deficiency in service towards the complainant. Hence, this complaint.
2. Notice of the complaint was issued to the opposite parties through registered letters but the ops did not appear and were proceeded against exparte.
3. The complainant tendered her affidavit Ex.C1, copy of registration letter Ex.C2, copy of ration card Ex.C3, copy of receipt Ex.C4 and copy of application Ex.C5.
4. We have heard representative of complainant and have perused the case file carefully.
5. The complainant in order to prove her allegations in the complaint has furnished her affidavit Ex.C1 in which she has reiterated all the averments made in the complaint. She has also tendered copy of registration letter/ receipt Ex.C2 by which she has deposited a sum of Rs.1,00,000/- as fixed deposit on 11.8.2009 with the opposite parties and the maturity amount of Rs.2,00,000/- was payable on 11.1.2016. She has also tendered copy of her ration card Ex.C3, copy of receipt Ex.C4 and copy of application for refund of the FDR amount. The evidence led by complainant goes as unchallenged and unrebutted as the ops have failed to appear and opted to be proceeded against exparte. It was legal obligation of the opposite parties to pay the maturity amount of Rs.2,00,000/- to the complainant on due date i.e.11.1.2016 and non payment of the same clearly amounts to deficiency in service on the part of ops.
6. In view of the above, we allow this complaint and direct the opposite parties to pay the maturity value of Rs.2,00,000/- of FDR to the complainant alongwith interest @7% per annum from due date i.e. 11.1.2016 till its actual realization within a period of 45 days. We also direct the ops to further pay a sum of Rs.12,000/- as composite compensation and litigation expenses to the complainant. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. President, Dt:24.7.2019.
Member Member District Consumer Disputes Redressal Forum, Sirsa
