Punjab

Sangrur

CC/515/2017

Rajni Bala - Complainant(s)

Versus

SCF Finance Ltd. - Opp.Party(s)

Sh.Inderjit Singh Ausht

20 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                            

 

                                                                        Complaint No. 515

Instituted on:  03.10.2017

                                                                        Decided on:    20.02.2018

 

Rajni Bala wife of Rajesh Kumar daughter of Darshan Kumar son of Kour Sain legal heir/nominee of deceased Kalawanti wife of Darshan Kumar son of Kour Sain R/o Street No.4, Sector-A, Ram Nagar Sunam, Tehsil Sunam, District Sangrur now residing at Bhadaur, Distt. Barnala.

                                                        …. Complainant. 

       

                                         Versus

 

1.     SCF Finance Ltd. Head Office Plot No.228, 1^st Floor, Janakpuri Chowk, Indl Area –A, Link Road, Ludhiana through its Chairman/Director now known as Singh Ltd. Investment through its MD Surinder Singh Khokhar, Head Office, Plot No.208, 2^nd Floor, Syal Complex,Gill Road, Ludhiana.

2.     Singh Investment Ltd. Branch Office, Sangrur near Mittal Eye Centre, Near Bhagat Singh Chowk, Outside Sunami Gate, Maharaja Ranjit Singh Market, Sangrur through its Branch Manager.

3.     Sumit Kumar Bansal son of Ashok Kumar Bansal, resident of Street No.2, Sector-B, Ram Nagar, Sunam, agent of OP number 1 & 2.

             ….Opposite parties.

 

 

FOR THE COMPLAINANT:       Shri I.S.Ausht, Advocate                          

 

FOR OPP. PARTY 3    :               Shri Gagandeep Bhagria, Advocate

 

FOR OP No.1 and 2     :                         Exparte.                   

 

Quorum

         

                   Sukhpal Singh Gill, President

                   Sarita Garg, Member

                   Vinod Kumar Gulati, Member

ORDER:   

 

Sukhpal Singh Gill, President

 

1.             Smt. Rajni Bala, 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 OP number 3, the mother of the complainant Smt. Kalawanti wife of Darshan Kumar availed the services of the Ops number 1 and 2 by investing an amount of Rs.20,000/- in one time investment vide FDR number 104290-2010 dated 13.12.2010 for a period of 72 months and on maturity on 12.12.2016, the Ops were to pay an amount of Rs.40,600/- to the mother of the complainant and the complainant was appointed nominee under the FDR.  The case of the complainant is that her mother died on 13.5.2015, as such the complainant was entitled to get the amount on maturity of FDR.  Further case of the complainant is that the complainant deposited the original documents including copy of aadhar card etc. with the OP number 1 on 15.12.2016 for release of the due payment of the FDR and the representative of the OPs number 1 and 2 assured that the amount will be paid shortly, but the grievance of the complainant is that even after the maturity date i.e. 12.12.2016, 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.40,600/- along with interest @ 18% per annum  from the date of maturity i.e. 12.12.2016 till realization and further claimed compensation and litigation expenses.

 

2.             Record shows that the Ops number 1 and 2 were proceeded exparte.

 

3.             In reply of the complaint filed by OP number 3, all the allegations leveled therein have been denied in toto and further it is denied that the OP number 3 is the agent of the OP number 3.  The other allegations leveled in the complaint have been denied.

 

4.             The complainant has tendered documents Ex.C-1 to Ex.C-7 copies of the documents and affidavit and closed evidence.  The learned counsel for the OP number 3 has produced Ex.OP3/1 affidavit and Ex.OP3/2 copy of affidavit 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 mother of the complainant had invested an amount of Rs.20,000/- 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.40,600/-, 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 she submitted all the required documents with the Ops number 1 and 2 on 15.12.2016, but they have failed to repay the maturity amount of Rs.40,600/- to the complainant without assigning any reason. It is worth mentioning here that the Ops number 1 and 2 chose to remain exparte. Further the OP number 3 i.e. agent has denied the allegations of the complainant in toto, more over, the agent is not liable to pay the amount to the complainant. In the circumstances, we feel that the Ops number 1 and 2 are duty bound to return her the promised amount on maturity and by not doing so the Ops number 1 and 2 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 number 1 and 2 to make the payment of Rs.40,600/- to the complainant along with interest @ 9% per annum from the due date of payment i.e. 15.12.2016 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.

 

                February 20, 2018.

 

 

                                                        (Sukhpal Singh Gill)

                                                                President

 

 

 

                                                             (Sarita Garg)

                                                                 Member

                                                       

 

                                                        (Vinod Kumar Gulati)

                                                                 Member