Punjab

Sangrur

CC/415/2017

Gurpreet Kaur - Complainant(s)

Versus

SCF Finance Ltd. - Opp.Party(s)

Sh.N.S.Ghuman

05 Dec 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                                   

 

 

                                                                                    Complaint No. 415

                                                                                    Instituted on:  17.08.2017

                                                                                    Decided on:    05.12.2017

 

Gurpreet Kaur wife of Sh. Hardeep Singh, resident of Taranji Khera, P.O. Sullar Gharat, Tehsil Sunam, District Sangrur.

                                                                                    …. Complainant.         

                                                             Versus

1.         SCF Finance Ltd. Head Office Plot No.228, 1st Floor, Janakpuri Chowk, Indl Area –A, Link Road, Ludhiana through its M.D..

2.         SCF Finance Ltd. 36, Maharaja Ranjit Singh Market, Upli Road, Sangrur through its Branch Manager.

3.         Amar Singh son of Teja Singh, resident of Taranji Khera, P.O. Sullar Gharat, Tehsil Sunam, District Sangrur.

                                                                                     ….Opposite parties.

 

 

FOR THE COMPLAINANT:     Shri N.S.Ghuman, Advocate                          

 

FOR OPP. PARTIES                    :        Exparte.                    

 

Quorum

           

                        Sukhpal Singh Gill, President

                        Sarita Garg, Member

                        Vinod Kumar Gulati, Member

                      

ORDER:         

 

Sukhpal Singh Gill, President

 

1.                     Smt. Gurpreet Kaur, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that on the request of Ops number 1 and 2, the complainant availed the services of the OPs by investing an amount of Rs.50,000/- in one time investment vide FDR number 102757-2009-2010 dated 23.02.2010 for a period of 72 months and on maturity on 23.02.2016, the Ops were to pay an amount of Rs.1,01,500/- to the complainant.  Further case of the complainant is that the complainant deposited the original documents with the OP number 2 on 23.04.2016 and the representative of the OPs assured that the amount will be paid after a period of one month, but the grievance of the complainant is that even after the maturity date i.e. 23.04.2016, the Ops did not pay the amount despite completion of all the formalities. Thus, alleging deficiency in service on the part of OPs, the complainant has prayed that the Ops be directed to release the payment of Rs.1,01,500/- along with interest @ 18% per annum  from the date of maturity i.e. 23.02.2016 till realization and further claimed compensation and litigation expenses.

 

2.                     In reply, preliminary objections are taken up on the grounds that the complainant has unnecessarily dragged the Ops into unwanted litigation, that the complainant has got no locus standi to file the present complaint, that the complaint is false and frivolous one and it is a misuse of process of law.  On merits, it is denied that the Ops had any branch office at Sangrur and further it is denied that the complainant ever deposited the amount of Rs.50,000/- in the shape of FDR, then question of payment of Rs.1,01,500/- to the complainant on the date of maturity does not arise at all.

 

3.                     Record shows that the Ops did not appear thereafter, as such, the Ops were proceeded exparte on 28.11.2017.

 

4.                     The complainant has tendered documents Ex.C-1 affidavit, Ex.C-2 copy of receipt, Ex.C-3 copy of slip and closed evidence.

 

5.                     We have very carefully perused the pleadings of the parties, evidence produced on the file and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits acceptance, for these reasons.

 

6.                     From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that the complainant had invested an amount of Rs.50,000/- in the shape of FDR with the Ops and in turn the Ops issued the fixed deposit receipt Ex.C-2, whereby it has been stated that on maturity the amount payable will be Rs.1,01,500/-, as is evident from the document i.e. copy of fixed deposit receipt, which is on record as Ex.C-2. The complainant has further stated that though he submitted all the required documents with the Ops on 23.04.2016 vide acknowledgement slip, Ex.C-3, but the OPs have failed to repay the maturity amount of Rs.1,01,500/- to the complainant without assigning any reason. It is worth mentioning here that the Ops chose to remain exparte. In the circumstances, we feel that the Ops are duty bound to return him the promised amount on maturity and by not doing so  the Ops are deficient in rendering service to the complainant.

 

7.                     So, in view of our above discussion, we allow the complaint of the complainant and direct the OPs to make the payment of Rs.1,01,500/- to the complainant along with interest @ 9% per annum from the due date of payment i.e. 23.02.2016 till realization. We further order the OPs to pay to the complainant a sum of Rs.3500/- on account of compensation and further Rs.1500/- as litigation expenses.

 

8.                     This order of ours shall be complied with within a period of 30 days from the date of receipt of copy of this order.  A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.           

Pronounced.

 

                        December 5, 2017.

 

 

                                                                                    (Sukhpal Singh Gill)

                                                                                                President

 

                                                                       

                                                                                         (Sarita Garg)

                                                                                             Member

                                                                                   

 

 

                                                                                    (Vinod Kumar Gulati)

                                                                                                 Member