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Jumma Singh filed a consumer case on 23 May 2018 against SMD Premier Thrift & Credit Co-operative Society Ltd. in the Sangrur Consumer Court. The case no is CC/157/2018 and the judgment uploaded on 30 May 2018.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint no. 157
Instituted on: 03.04.2018
Decided on: 23.05.2018
Jumma Singh @ Juma son of Gujjar Singh resident of #192, Ghumara Wala Mohala, Ward No.2, Rajpura, Care of Sunami Patti Rajpura, Longowal, Tehsil and District Sangrur.
…. Complainant.
Versus
….Opposite parties.
FOR THE COMPLAINANT: Shri Gaganjot Singh Advocate
FOR THE OPP. PARTIES : Exparte.
Quorum
Sukhpal Singh Gill, President
Sarita Garg, Member
Vinod Kumar Gulati, Member
ORDER:
Sukhpal Singh Gill, President
1. Jumma Singh, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he invested an amount of Rs.100000/- with OPs no.1 and 2 through OPs no.3 and 4 on 30.06.2015 for a period of one year i.e. upto 29.06.2016. The OPs will refund an amount of Rs.1,11,500/- after one year. After expiry of one year the complainant deposited the original bond certificate alongwith all other requisite documents with the OPs and requested the OPs to release the maturity amount but the OPs deposited an amount of Rs.5000/- in the saving bank account number of the complainant. Thereafter the OPs issued another cheque of Rs.10,000/- to the complainant which was dishonoured due to " insufficient funds". Thereafter the complainant demanded his remaining maturity amount from the OPs but the OPs did not pay the same till today. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:-
i) OPs be directed to make the payment of Rs.1,06,500/- along with Interest @18% per annum from the date of maturity
ii) OPs be directed to pay to the complainant a sum of Rs.20,000/- on account mental agony and harassment
iii) OPs be directed to pay Rs.20000/- as litigation expenses.
2. Notices were sent to the OPs but none has appeared for the OPs despite service. As such OPs were proceeded exparte.
3. The complainant has tendered documents Ex.C-1 to Ex.C-5 and closed evidence.
4. From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that it is the case of the complainant that he invested an amount of Rs.100000/- with OPs no.1 and 2 through OPs no.3 and 4 on 30.06.2015 for a period of one year i.e. upto 29.06.201 and OPs had to repay an amount of Rs.1,11,500/- after one year which is evident from bond certificate Ex.C-2. The complainant has further stated that after expiry of one year he deposited the original bond certificate alongwith all other requisite documents with the OPs and requested the OPs to release the maturity amount but the OPs deposited an amount of Rs.5000/- in the saving bank account number of the complainant. Thereafter the OPs issued another cheque of Rs.10,000/- to the complainant which was dishonoured due to " insufficient funds". After that the complainant demanded his remaining maturity amount from the OPs but the OPs did not pay the same . The OPs have 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.
5. For the reasons recorded above, we allow the complaint and direct the OPs to pay to the complainant remaining maturity amount of Rs.1,06,500/- 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.
6. 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
May 23, 2018
( Vinod Kumar Gulati) (SaritaGarg ) ( Sukhpal Singh Gill)
Member Member President
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