DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

C. C.  CASE  NO-  512/2017

Date of Filing:                                       Date of Admission:                         Date of Disposal:

20.09.2017                                                  10.10.2017                                      27.08.2018

Complainant/s :-           1.       Tapan Kumar Paul

“Aashiyana”, No- 583,

Nayabad Avenue (Prantik)

E1 Near N.R.S. Co. Op

P.O + P.S- Panchasayar,

Pin- 700094

2.       Alo Paul

“Aashiyana”, No- 583,

Nayabad Avenue (Prantik)

E1 Near N.R.S. Co. Op

P.O + P.S- Panchasayar,

Pin- 700094

  =Vs.=

OP/s:-                            1.       The Authorised Signatary

Unitech Limited

Uni World City, Horizons,

Tower- 7, Unit=001-002,

Action Area- 3

Main Arterial Road,

New Town, Rajarhat,

Kolkata- 700156

2.       The Director of Unitech Limited

Unitech House “L” Block,

South City- , Gurgaon- 122001

Haryana

P R E S E N T  :-        Bankim Chandra Chattopadhyay………..…..President.

  :-       Smt. SilpiMajumder  ………………………Member.

Final Order & Judgment

This complaint is filed by the Complainants u/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not refund the maturity amount of the concerned fixed deposits to them till filing of this complaint.

The brief fact of the case of the Complainants is that they purchased two fixed deposit certificates in their respective names amounting to Rs.25,000/- in each name. The fixed deposits got maturity on 31.10.2015. It was mentioned that the maturity amount will be Rs.36,3014/- each.

Cont…………….2

:2:

The date of deposit of the principal amount was 31.10.2012, the tenure was declared as 3 years and rate of interest was scheduled @ 12.50% p.a. On 13.02.2015 the OPs sent a circular to the Complainants stating that the company is unable to refund the maturity amount in time and the same will be paid after 09 months from the fixed date of maturity. The Complainants sent their original fixed deposit receipt/certificate to the office of the OPs on 25.09.2015 for payment against their FDRs after 09 months from the date of maturity. The OPs have accordingly received the same on 01.10.2015. But the OPs did not refund their maturity amount as per their circular dated 13.02.2015. Thereafter the Complainants met with the OPs and requested them verbally as well as through written correspondences for refund of their maturity amount immediately, but the OPs did not bother to pay any heed to their request, rather drove them away from the office. Having no other alternative the Complainants have approached before this Ld. Forum by filing this complaint praying for direction upon the OPs to refund them the maturity amount of the concerned fixed deposits, to pay compensation to the tune of Rs.20,000/- for harassment, mental agony and pain and litigation cost of Rs.5,000/- to them.

After admission of this complaint notices were issued upon the OPs, but inspite of receipt of notices the OPs chose not to appear to contest the complaint either orally or by filing written version, hence this Ld. Forum was pleased to fix the complaint ex parte against the OPs. On the date of final argument none was present on behalf of the OPs. We have heard the complaint ex parte against the OPs. The Complainant has adduced evidence along with some papers and documents in support of their contentions.

We have carefully perused the record; documents as annexed by the Complainants and heard argument advanced by the Complainants in person. It is seen by us that admittedly the Complainants have purchased two fixed deposits amounting to Rs.25,000/- each from the OPs,  which were scheduled to be matured on 31.10.2015. before the maturity date the Complainants were informed by the OPs by issuing a letter dated 13.02.2015 stating therein that due to adverse market conditions the OPs are not in a position to refund the maturity amount to the Complainants within due date. The OPs are willing to refund the maturity amount to the depositors as per the direction of the Company Law Board. Be it mentioned that due to adverse market condition the OPs have referred the matter to the Company Law Board for their decision and the OPs are intending to refund the maturity amount as per the instruction of the CLB. In this respect we are to say that as once the matter has already been referred to the CLB and the CLB has opined that the maturity amount will be repaid by three schedule installments and in this respect fixed percentage of interest and date has already been prescribed in the order of the CLB. Therefore as the CLB has passed an order for making refund of the maturity amount, now the Consumer Forum cannot interfere in it.

Cont…………….3

:3:

The Consumer Forum cannot pass any order going beyond the order of the CLB. Hence the Complainants are at liberty to approach before the Company Law Board by making an application for getting refund of the maturity amount towards their fixed deposits.

Going by the foregoing discussion hence it is ordered that the consumer complaint being no-512/2017 is hereby dismissed ex parte against the OPs without any cost.   

Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.

Member                                                                                                                      President

Dictated & Corrected by