Haryana

Ambala

CC/239/2020

Gurmit Singh - Complainant(s)

Versus

State Bank of Patiala Employees Co-op. T& C Society Ltd - Opp.Party(s)

Navneet Gupta

18 Oct 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                                      Complaint case No.:    239 of 2020

                                                          Date of Institution           :     16.10.2020

                                                          Date of decision     :     18.10.2021.

 

Gurmit Singh aged about 57 years son of Sh. Bikram Singh, resident of Kothi No.497, Sector 8, HUDA, Ambala City.

                                                                             ……. Complainant.

 

1.       State Bank of Patiala Employees Co-op, T&C Society Ltd., Ambala through its Office Bearer/Secretary Rajesh Bansal.

2.       Rajesh Bansal Office Bearer/Secretary, State Bank of Patiala Employees Co-op, T&C Society Ltd, Ambala, Both respondents c/o State Bank of India, Motor Market, Ambala City.

                                                                    ….…. Opposite Parties.

 

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Shri Navneet Gupta, Advocate, counsel for the complainant.

OPs proceeded against ex parte vide order dated 24.03.2021.

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To pay Rs.5,00,000/- along with interest @ 14% per annum with effect from 07.09.2016 till the date of realization.
2. To pay Rs.50,000/ as compensation for the mental agony and physical harassment suffered by the complainant.
3. To pay Rs.11,000/- as litigation expenses.

Brief facts of the case are that the complainant on the assurance of the OPs, deposited a sum of Rs.5 lakh, with the society and an FDR no. 5982 dated 12.07.2010, was issued in his name with payment of interest @ 14% annually. OPs used to pay interest on the deposited amount and lastly paid a sum of Rs.70,020/- as yearly interest, vide cheque no. 176376 dated 07.09.2016. However, after 07.09.2016, OPs neither paid the agreed interest amount nor refunded the maturity amount of the FDR. He served a legal notice dated 11.09.2020 upon OPs but of no use. By not refunding the FDR amount alongwith interest @ 14% per annum w.e.f 07.09.2016, the OPs have committed deficiency in service. Hence, the present complaint.

2.                Separate registered notices were issued to OPs No.1 & 2, but none has turned up on their behalf, accordingly they were proceeded against ex parte vide order dated 24.03.2021.

3.                The ld. counsel for the complainant tendered affidavit of complainant as Annexure CA alongwith documents as Annexure C-1 to C-9 and closed the evidence on behalf of complainant.

4.                We have heard the learned counsel for the complainant and carefully gone through the case file.

5.                Annexure C-1, is the FDR dated 12.02.2010, vide which  complainant deposited a sum of Rs.5 lacs, with the OP No.1, repayable after the period of 12 months alongwith interest @ 14% per annum. Learned counsel for the complainant has argued that the OPs were paying yearly interest to the complainant, on the deposited amount of Rs.5 lacs and lastly had paid a sum of Rs.70,020/-, as interest, through cheque dated 07.09.2016. However, thereafter, OPs neither paid the interest amount nor refunded the maturity amount. To corroborate this fact that on 07.09.2016, OPs paid Rs.70,020/-,as interest, to the complainant, learned counsel for the complainant has drawn our attention to the copy of the passbook Annexure C-5 and submitted that on 07.09.2016, an amount of Rs.70,020/-, as interest, was credited in the account of the complainant, by the OPs. Amount of Rs.5 lacs deposited by the complainant, in the shape of FDR is still lying with the OPs, as such, cause of action is continuous and the OPs are liable to refund the said amount of Rs.5 lacs alongwith interest @ 14% per annum w.e.f. 07.09.2016.  The contentions of the learned counsel for the complainant has gone un-rebutted as the OPs, inspite of service of the notice have preferred not to appear before this Commission. Meaning thereby, Ops have nothing to say in their defence, and thus, we have no other option, except to believe the version of the complainant, which is duly supported by his affidavit and other supporting documents. Since, the amount of Rs.5 lacs, deposited by the complainant in the shape of FDR, is still lying with the OPs, therefore, he is entitled to get the amount of Rs.5 lacs alongwith interest @ 14% per annum w.e.f 08.09.2016, till the date of realisation. Complainant is also entitled to get compensation for the mental agony and physical harassment suffered by him alongwith litigation expenses.

6.                In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs in the following manner:-

1. To pay Rs.5 lacs alongwith interest 14% per annum w.e.f 08.09.2016, till the date of realisation.    
2. To pay Rs.3,000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.2,000/- as litigation expenses.

 

                   The OPs are further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 18.10.2021.

 

 

 

          (Vinod Kumar Sharma)        (Ruby Sharma)                   (Neena Sandhu)

              Member                             Member                            President