District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.385/2022.
Date of Institution: 20.07.2022.
Date of Order: 09.01.2023.
Chunnu Lal aged 64 years son of late Shri BaDRI Parshad, resident of House No. F-6267, Dabua Colony, NIT, Faridabad Aadhar card No. 6414 7013 8411, Mobile NO. 8826216923..
…….Complainant……..
Versus
1. The Industrial Credit and Investment Corporation of India Limited registered office 163, Backbay Reclamation Mumbai - 400 020 through its authorized person.
2. Deputy Nodel Officer (IEPF), 3-1 Infotach Limited, International Infotach Park Tower – 5, 3rd floor, Basai Station Complex, Basai, Mumbai – 400 703 through its authorized person.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana…………Member.
PRESENT: Complainant in person.
Opposite party No.1 ex-parte vide order dated 19.12.2022.
Opposite party NO.2 ex-parte vide order dated 09.11.2022.
ORDER:
The facts in brief of the complaint are that on the allurement of the representative of the opposite parties the complainant had invested the amount of Rs.5200/- under the scheme of the ICICI Bond and in this regard the complainant had obtained the bond holder NO. 1203-556 certificate No. 189108 distinctive No. 194240-194240 on 15.07.1996 for the period for 25 years and the amount would be given to the complainant i.e. Rs.2,00,000/- on dated 15.7.2021. After its maturity amou7nt, the complainant requested to the opposite party to release the said amount alongwith interest but the representative of the opposite party lingering the matter on one pretext to the another but no result came out. In this regard the complainant made the application to the opposite party No.2 on 27.11.2021 and 5.5.2022 to make the said maturity amount but no result came out.The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) make/release the maturity amount of Rs.2,00,000/- pertaining to the bond NO. 1203-556 certificate No. 189108 alongwith interest @ 18% p.a. from maturity of the said policy/scheme to the complainant.
b) pay Rs.1,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 11,000 /-as litigation expenses.
2. Notice issued to opposite party No.1 on 19.11.2022 received back with the report of “Refusal”. Case called several times since morning but none appeared on behalf of opposite party No.1. Therefore, opposite party No.1 was proceeded against ex-parte vide order dated 19.12.2022.
3. Notice issued to opposite party No.2 on 29.09.2022 not received back either served or unserved. Tracking details filed in which it has been mentioned that “Item Delivery confirmed”. Mandatory period of 30 days expired. Hence, opposite party No.2 was proceeded against ex-parte vide order dated 09.11.2022.
3. The complainant led evidence in support of his respective version.
4 We have heard complainant in person and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties – The Industrial Credit & Ins. with the prayer to: a) make/release the maturity amount of Rs.2,00,000/- pertaining to the bond NO. 1203-556 certificate No. 189108 alongwith interest @ 18% p.a. from maturity of the said policy/scheme to the complainant. b) pay Rs.1,00,000/- as compensation for causing mental agony and harassment . c) pay Rs. 11,000 /-as litigation expenses.
To establish his case, the complainant has led in his evidence, photocopies of letters, Unsecured Bond(s) in the nature of promissory note(s), affidavit of Chunnu Lal, cancelled cheque, Pan card,, Adhaar card, receipts.
6. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite parties Nos1 & 2 have not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite parties Nos.1 & 2 have rendered deficient services to the complainant. Hence the complaint is allowed against opposite parties Nos.1 & 2
7. Opposite parties Nos.1 & 2 jointly & severally, are directed to release the maturity amount of Rs.2,00,000/- pertaining to the bond No. 1203-556 certificate No. 189108 alongwith interest @ 9% p.a. from the date of filing of complaint till its realization. Opposite parties Nos.1 & 2 are also directed to pay Rs.2200/- as litigation expenses to the complainant. No compensation will be given to the complainant because the complainant is pursuing the case himself. Compliance of this order be made within 30 days from the date of receipt of copy of this order. File be consigned to the record room.
Announced on: 09.01.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
