DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint no. 420
Instituted on: 21.08.2017
Decided on: 01.02.2018
Arshiya aged 21 years d/o Sh. Devi Lal resident of # 13, Mann Colony, Sangrur.
…. Complainant.
Versus
1. SMD Infra Ventures Private Limited Near Judicial Courts Complex and Clock Tower, Sangrur through its Authorized Person.
2. SMD Infra Ventures Private Limited 22B, Balaji Enclave Lohgarh Road, Zirakpur through its Managing Director.
3. Jatinder Jain, Advisor/ Agent/Director, SMD Infra Ventures Private Limited, Near Judicial Courts Complex and Clock Tower, Sangrur.
….Opposite parties.
FOR THE COMPLAINANT: Shri Ashish Grover, Advocate
FOR OPP. PARTIES No.1&3 : Shri Sanjeev Goyal, Advocate
FOR OPP. PARTY No.2 : Exparte.
Quorum
Sukhpal Singh Gill, President
Sarita Garg, Presiding Member
Vinod Kumar Gulati, Member
ORDER:
Sukhpal Singh Gill, President
1. Arshiya, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that she deposited Rs.3,60,000/- with OPs no.1 and 2 in the shape of FDR in SMD Aadhar ( SSP) plan on 07.07.2016 vide FDR no.2151 for one year and also started RD account in Jeevan Sanchey 24 months RPP monthly plan of Rs.10,000/- per month on 04/12/2014 with OP no.1. The maturity date of the FDR was 06.07.2017 and maturity amount is Rs.3,99,600/- and RD account was matured on 03.12.2016 and maturity amount of the same is Rs.2,59,852/-. After maturity, the complainant submitted the original FDR and pass book of RD and requested the OPs to release the maturity amount of FDR as well as RD but till today no payment was made. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:-
i) OPs be directed to release the amount of Rs.2,59,852/- on account of RD and Rs.3,99,600/- on account of FDR alongwith interest @18% per annum from the date of maturity till realization,
ii) OPs be directed to pay to the complainant a sum of Rs.3,00,000/- on account mental agony and harassment,
iii) OPs be directed to pay Rs.33000/- as litigation expenses.
2. Notices were sent to the OPs but none has appeared for the OP no.2 despite service. As such OP no.2 was proceeded exparte.
3. In reply filed by the OPs no.1 and 3, it is submitted that complainant purchased a plot of 720 sq. feet for an amount of Rs.3,60,000/- and the projected value of the said amount was Rs.3,99,600/-. There is no agreed amount. It is denied that the complainant ever approached the OPs and submitted original FDR & copy of passbook and the alleged receipts dated 11.07.2017 and 07.12.2016 are procured one. Moreover as per the plan the complainant has booked the plot having 720 sq. feet, therefore the complainant is not entitled to get any amount as alleged.
4. The complainant has tendered documents Ex.C-1 to Ex.C-7 and closed evidence. On the other hand, OPs No.1 and 3 have tendered an affidavit and closed evidence.
5. From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant and OPs no. 1 and 3, we find that it is the case of the complainant that she deposited Rs.3,60,000/- with OPs no.1 and 2 in the shape of FDR in SMD Aadhar ( SSP) plan on 07.07.2016 vide FDR no.2151 for one year and also opened RD account in Jeevan Sanchey 24 months RPP monthly plan of Rs.10,000/- per month on 04/12/2014 with OP no.1. The maturity of the FDR was 06.07.2017 and maturity amount is Rs.3,99,600/- and RD account was to be matured on 03.12.2016 and maturity amount of the same is Rs.2,59,852/- which are evident from Ex.C-6 and Ex.C-7 respectively. The complainant's further case is that after maturity, she submitted the original FDR and copy of passbook with the OPs and requested to release the maturity amount. To substantiate her case, the complainant has produced on record document Ex.C-7 on which one Aman an employee of the OPs has written a note " received original copy ". But, surprisingly the OPs have totally denied receipt of the original FDR and copy of Pass book of RD account of the complainant. The OPs no.1 and 3 have not produced any cogent evidence/document on record which supports their version in regard . The OP no.2 has not come forward to contest the case of the complainant rather they chosen to remain exparte. As such evidence produced by the complainant has gone unrebutted on record.
6. For the reasons recorded above, we allow the complaint and direct the OPs to release the amount of Rs.2,59,852/- on account of RD and Rs.3,99,600/- on account of FDR alongwith interest @9% per annum from the date of filing of the complaint till realization. We further order the OPs to pay to the complainant an amount of Rs.3500/- on account mental pain agony and harassment and Rs.1500/- as litigation expenses.
7. This order of ours shall be complied with within 60 days from the date of receipt of copy of the order. A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.
Announced
February 1, 2018
(Vinod Kumar Gulati) (SaritaGarg) (Sukhpal Singh Gill)
Member Member President
