BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

 Complaint No.188 of 2024

      Date of Instt. 22.05.2024

      Date of Decision: 14.08.2024

Jeevan Lal son of Ganga Ram Age 67 years, Vill. Chuheki, Block Nurmahal, Tehsil Phillaur, Distt. Jalandhar-144039 Mob. No.8264282256

..........Complainant

Versus

The Chuheki Coop. Agriculture Multipurpose Society Ltd., Village Chuheki, Block Nurmahal, Tehsil Phillaur, Distt. Jalandhar-144039 Through its Secretary, Director/Managing Director/Authorized Representative.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)   

Present:       Complainant in Person.

                   OP exparte.          

Order

Jaswant Singh Dhillon (Member)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the complainant is holder of Saving Account No.322/2 with OP. An FDR of complainant with the OP matured on 01.07.2022 with maturity value of Rs.1,21,385/- which amount was credited by OP into above said saving account of complainant. On the same day the complainant withdrawn Rs.5000/- and again withdrawn Rs.10,500/- on 27.06.2023. On 19.04.2023 the OP credited Rs.2619/- as interest upto 31.03.2023 into above said account of complainant. Thus the balance became Rs.1,08,504/- in the above said account of complainant with the OP.       The complainant requested the OP several times to refund the above said balance amount Rs.1,08,504/- but every time the OP put the matter on and off and refused to give the said amount. At first the complainant made an FDR against his small saving deposit with OP which maturity value became Rs.1,21,385/- When the complainant demanded the said matured amount, the OP advised the complainant to open Saving account with them to get refund of said amount. When the complainant opened Saving Account No.322/2 with OP, the OP credited the entire amount of FDR into the said account and refused to refund the said amount on one pretext or other. However, on same date 1/7/2022 Rs.5000/- was transferred to someone as per request of complainant but the balance Rs.1,16,385/- was refused to refund on one pretext or other. On 19/4/23 the OP shown interest Rs.2619/- upto 31/3/23 in above said account which made the balance Rs.1,19,004/-but the said balance was not given to complainant. However, on 27/6/23 the complainant requested the OP to transfer Rs.10500/- from his above said account which the OP transferred and made the balance Rs.1,08,504/- in the above said account of complainant. The complainant requested the OP to refund the entire said amount but all in vain. The OP is dealing in deposit of money and make the FDRs by taking the deposit from customers by tempting them lucrative benefits but when the amount of FDR matured, the OP ignore and deny to refund the payment on one pretext or other. The OP force and induced the complainant to keep deposit the said amount with them for long time for getting lucrative benefit and as such deprive of the customer to take enjoy of his own deposited money. Despite various visits and reminders, the OP has failed to refund the amount of complainant and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to give the sum of Rs.1,08,504/- own deposited amount of complainant, give interest Rs.11,935/- and to give litigation expenses of Rs.15,000/- and to give compensation for causing mental tension and harassment to the complainant Rs.1,00,000/-.

2.                Notice of the complaint was given to the OP, but despite service OP failed to appear and ultimately, the OP was proceeded against exparte.

3.                In order to prove his respective version, the complainant has produced on the file his respective evidence.

4.                We have heard the complainant in person and have also gone through the case file very minutely.

5.                In nutshell, the case of the complainant is that the complainant made FDR against his small saving deposit with the OP of which on maturity value became Rs.1,21,385/- and when the complainant demanded the same matured amount, the OP advised the complainant to open saving account with OP to get refund of said amount. The complainant opened saving account number 322/2 with OP, then the OP credited the entire amount of FDR into the said account, but refused to release the amount on one pretext or the other. However, on same day i.e. 01.07.2022 Rs.5000/- was transferred to someone as per request of the complainant, but the balance Rs.1,16,385/- was refused to refund on one pretext or the other. ON 19.04.2023, the OP credited the interest Rs.2619/- upto 31.03.2023 and balance in above said account became Rs.1,19,004/-. On 27.06.2023, the complainant requested the OP to transfer Rs.10,500/- from his above said account to someone else, which was transferred by OP and balance in above said account remained Rs.1,08,504/-. The complainant requested the OP No.2 refund his balance amount many times, but all in vain.

6.                There is no dispute that the complainant has saving account with the OP. It is also not disputed that the amount was being transferred in the accounts of others at the instance of the complainant. The complainant has alleged that the OPs did not allow them to withdraw the money from bank. He requested orally number of times for withdrawal. None has come present on behalf of the OP to rebut the contention of the complainant and his contention remains unrebutted. Had he been not refused or harassed he would not have come to the Commission for justice. He has been harassed for withdrawing his own money without any reason.

7.                In view of the above detailed discussion, the complaint of the complainant is partly allowed and OP is directed to pay a sum of Rs.1,08,504/- including bank interest accrued on balance amount. Further, OP is directed to pay a compensation of Rs.10,000/- for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

8.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

14.08.2024         Member                          Member               President