Order by:

Sh.Amrinder Singh Sidhu, President

          1.       The  complainant  has filed the instant complaint under section 12 of the Consumer Protection Act, 1986 (now section 35 of Consumer Protection Act, 2019) on the allegations that  Opposite Party No.1 is Registered company and pursue the business through  Opposite Party No.2  and it use to get deposit  the amount from various consumers on interest basis. Further alleges that on the allurement of Opposite Parties, the complainant deposited his hard earned money of Rs.75,000/- with Opposite Parties on 02.07.2015   on interest basis  for a fixed period of 39 months  with the maturity date 1.10.2018 and maturity value of Rs.1,12,500/-. At the time of deposit of the said amount, the Opposite Parties assured the complainant to return back the amount alongwith interest @ 13.24% per annum on its maturity. As such, there is relationship of consumer and service provider between the parties as provided under the Consumer Protection Act and  as per the agreed terms  and conditions, the Opposite Parties are  bound to return the deposited amount alongwith interest as agreed on the hard earned money of the complainant. After the maturity date, the complainant made various requests to the Opposite Parties to make the deposited amount alongwith interest, but the Opposite Parties have flatly refused to pay any amount to the complainant, as such, there is deficiency in service on the part of the Opposite Parties.  Due to non payment of the maturity amount by the Opposite Parties, the complainant suffered a lot on account of mental tension and harassment at the hands of the Opposite Parties. Repeated requests have been made by the complainant to the opposite parties to make the deposited amount in question alongwith agreed interest, and not indulge the complainant into any litigation, but the opposite parties refused to admit the rightful claim of the complainant. Vide instant complaint, the complainant has sought the following reliefs.

a)       Opposite Parties may be directed to make the amount of  Rs.1,12,500/- -alongwith  future  interest  @ 18 % per annum thereon  till its actual realization. 

b)      The amount of Rs.50,000/- be allowed to be paid by the opposite parties on account of compensation due to mental tension and harassment caused by the complainant.

c)       The cost of complaint amounting to Rs.11,000/- may please be allowed besides Rs.5,000/- as litigation expenses and clerake.

d)      And any other relief to which this Hon’ble Consumer Commission, Moga may deem fit be granted in the interest of justice and equity.       

Hence this complaint has been filed by the Complainant for the redressal of his grievances.

2.       Upon notice, none has appeared on behalf of Opposite Parties   despite service, hence Opposite Parties were proceeded against exparte. 

3.       In order to prove his case, the complainant tendered into evidence his affidavit Ex.C1 alongwith copy of receipt Ex.C2, newspaper cutting Ex.C3 and closed the evidence.     

4.       We have heard the ld.counsel for the  Complainant and have carefully gone through the evidence on record.

5.       From the appraisal of the evidence on record, it becomes evident  that on the allurement of Opposite Parties, the complainant has deposited his hard earned money with Opposite Parties worth Rs.75,000/- on 02.07.2015 which was to be returned by the Opposite Parties alongwith interest i.e. Rs.1,12,500/- on its maturity date  i.e. on 1.10.2018, copy  of  the deposit receipt is placed by the complainant on record as Ex.C2.  The case of the complainant is that on the maturity date, the complainant made requests to the Opposite Parties, but to no affect and due to non payment of the maturity amount by the Opposite Parties, the complainant suffered a lot on account of mental tension and harassment in the hands of the Opposite Parties. To corroborate his aforesaid assertion, the Complainant has placed on record his duly sworn affidavit Ex.C1 alongwith copy of deposit receipt Ex.C2. Not only this, with regard to loss incurred due to non payment of the maturity amount, the complainant  has sought compensation to the tune of Rs.50,000/-on account of mental tension and harassment  caused in the hands of the Opposite Parties  and cited judgement of Hon’ble Supreme Court of India titled as Patel Roadways Ltd. Vs. Birla Yamaha Ltd. III (2000) SLT 554-II (2000), CLT 83 (SC), 1(2000) CPJ 42 (SC) 2000 (4) SCC, 91.  The aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as the Opposite Parties  did not opt to appear and contest the proceedings.  In this way, the Opposite Parties have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties  have no defence to offer or defend the complaint. 

6.       So, from the entire unrebutted and unchallenged  evidence produced by the complainant on record, it stands fully proved on record that  the Opposite Parties have adopted unfair trade practice and deficiency in service by not making the deposited amount.  On this count, the Complainant prayed for the  amount as well as to  pay Rs.50,000/-as compensation for causing him mental tension and harassment and Rs.11,000/- as costs of litigation, but we are of the view that the claim for compensation to the tune of Rs.50,000/- appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has to be awarded in commensuration with the loss occasioned to the complainant. In our considered view, ends of justice would  be fully met if the complainant is awarded lump-sum compensation to the tune of Rs.10,000/- and we award the same accordingly.

7.       In view of the aforesaid facts and circumstances of the case, we allow the complaint of the complainant partly against  both the Opposite Parties and both the Opposite Parties are jointly or severally directed to make the deposited amount of Rs.75,000/- (Rupees Seventy five thousands only) alongwith interest @ 8% per annum from the date of  its deposit i.e. 02.07.2015 till its actual realization.  Opposite Parties are also directed to pay Rs.10,000/- (Rupees ten thousands only)  as lumpsum compensation to the complainant. Compliance of this order be made by the Opposite Parties within 45 days from the date of receipt of the copy of this order, failing which the Complainant shall be at liberty to  get the order enforced through the indulgence of this Commission.   Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.  

8.       Reason for delay in deciding the complaint.

          This complaint could not be decided within the prescribed period because the State Government has not appointed any of the Whole Time Members in this Commission for about 3 years i.e. w.e.f. 15.09.2018 till 27.08.2021 as well as due to pandemic of COVID-19.

Announced in Open Commission.