DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.

 

Consumer Complaint No.: CC/52/2017

Date of Institution : 25.04.2017

Date of Decision : 23.04.2019

Shaheen Ismail son of Mohd. Ismail Javery resident of Milkh Road, Noshant Colony, Malerkotla Tehsil Malerkotla, District Sangrur.    

           …Complainant

Versus

1. The National Co-op Nat Credit Society Limited, Corporate Office, Shop No. 3, Sante Majra, Opposite Devine World, Kharar through its Authorized Signatory/Managing Director.

2. Emerging India Infra and Developer Ltd., Head Office SCO 46-47, Sector 9-D, Near Matka Chowk, Madhya Marg, Chandigarh through its Branch Manager/Authorized Signatory. 

3. The National Co-op Nat Credit Society Limited, C/o Emerging India Infra and Developers Ltd., Head Office SCO 46-47, Sector 9-D, Near Matka Chowk, Madhya Marg, Chandigarh.

4. The National Co-op Nat Credit Society Limited, C/o Emerging India Infra and Developers Ltd., Regd. Office 408, 4th Floor, E-2, Amarpali Circle, Vaishali Nagar, Jaipur-302021.

        …Opposite Parties.

Complaint Under Section 12 of Consumer Protection Act,1986.

Present: Sh. Lokeshwar Sewak counsel for the complainant.

Opposite parties exparte. 

 

Quorum.-

1. Sh. Amrinder Singh Sidhu : President

2. Sh. Tejinder Singh Bhangu : Member

(ORDER BY AMRINDER SINGH SIDHU PRESIDENT):

  The complainant namely Shaheen Ismail son of Mohammad Ismail has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 (As amended up to date) against The National Co-Op. Nat Credit Society Limited and others. (hereinafter referred as opposite parties).  

2. The brief facts of the present complaint as stated by the complainant are that the complainant has deposited a total sum of Rs. 95,000/- in single installment in fixed deposit scheme with the opposite parties at their Branch Office at Barnala on 31.7.2015 for one year at the rate of 11% and same be matured on 30.7.2016 for a sum of Rs. 1,05,450/- and its Account Number is FD0141500105 and customer ID was 001816. The opposite parties issued a Deposit Confirmation Receipt having Serial No. 2019 on 8.5.2015 in favour of the complainant in this regard so the complainant is consumer of the opposite parties.

3. It is further alleged that the opposite parties No. 2 and 3 are same concern and complainant invested with opposite party No. 2 in installments and opposite parties invested in FDR scheme related to opposite party No. 1. It is further alleged that the complainant according to Deposit Confirmation Receipt submitted the original receipt at the office of opposite party No. 3 at Barnala for the release of estimated value of Rs. 1,05,450/- on 30.7.2016 and Manager of opposite party No. 3 told the complainant that the payment will be made to him within few days after the deposit of policy/receipt with the opposite parties. After few days the complainant visited the office of opposite party No. 3 at Barnala for collecting the estimated amount then the Manager asked him to come on next week. Again the complainant approached the opposite party No. 3 on the next week in the month of September 2016 but he again linger on the matter with one pretext or the other and did not release the estimated amount to the complainant despite of many visits. The original policy is with the opposite parties.

4. It is further alleged that in the first week of October 2016 the complainant again contacted the officials of the opposite party No. 3 but they did not give satisfactory reply to him and ultimately flatly refused to release the amount of maturity value of Deposit Confirmation Receipt of Rs. 1,05,450/- which is against the terms and conditions of the scheme. So, the act and conduct of the opposite parties comes within the definition of unfair trade practice and deficiency in service. Hence the present complaint is filed seeking the following reliefs:-

1) The opposite parties may be directed to release Rs. 1,05,450/- i.e. maturity amount alongwith interest up to date at the rate of 12% per annum.  

2) To pay Rs. 50,000/- on account of physical and mental agony and harassment.  

3) To pay Rs. 10,000/- on account of litigation expenses.    

4) Any other relief to which the complainant is found to be entitled.    

5. The opposite party No. 2 not appeared before this Forum despite service, so the opposite party No. 2 was proceeded against exparte vide order dated 5.6.2017. The opposite parties No. 1, 3 and 4 also not appeared before this Forum despite service through publication, so the opposite parties No. 1, 3 and 4 were also proceeded against exparte vide order dated 18.5.2018.  

6. The complainant in order to support his complaint has tendered in evidence affidavit of complainant as Ex.C-1, copies of receipts as Ex.C-2 and Ex.C-3, copy of letter as Ex.C-4 and closed  the evidence on behalf of complainant.

7. We have heard the learned counsel for the complainant and have gone through the record on the file. Written arguments also filed by the complainant. 

8. To prove his case the complainant tendered in evidence his duly sworn affidavit Ex.C-1 in which he deposed that he deposited a sum of Rs. 95,000/- in single installment with the opposite parties at their branch office at Barnala on 31.7.2015 for one year at the rate of 11% and same be matured on 30.7.2016 for a sum of Rs. 1,05,450/-. The opposite parties had issued a deposit confirmation receipt bearing Serial No. 2019 dated 8.5.2015 in favour of the complainant in this regard which is Ex.C-2. We have perused the copy of receipt Ex.C-2 which is the most important document of this case. On this receipt Ex.C-2 the name of the complainant is mentioned and it is also mentioned that the complainant deposited the amount of Rs. 95,000/- with the opposite parties on 31.7.2015 for twelve months at the rate of 11% . Further, on this receipt Ex.C-2 the maturity date is mentioned as 30.7.2016 and maturity amount is mentioned as Rs. 1,05,450/-. It is also mentioned on this receipt that this amount was deposited at the Barnala branch of the company. The complainant also filed copy of application Ex.C-4 from which it is proved on the file that the opposite parties did not pay any maturity amount to the complainant despite his many visits to the office of the opposite parties. In this application Ex.C-4 it is also mentioned by the complainant that he even visited the head office of the opposite parties but even then the opposite parties have not paid any amount to him.

9. To rebut the case of the complainant the opposite parties have not appeared before this Forum despite service and preferred to remain exparte, which shows that they nothing to say against the claim of the complainant and they cannot produce any document to rebut the case of the complainant. On the other hand the complainant has proved his case by leading cogent, convincing and reliable evidence on the file which is un-rebutted and uncontested. So, there is deficiency in service and unfair trade practice on the part of the opposite parties. 

10. As a result of the above discussion, the present complaint is  allowed and opposite parties are directed to pay the amount of Rs.  1,05,450/- (One Lac Five Thousand Four Hundred Fifty Only) as mentioned in the receipt Ex.C-2 to the complainant alongwith interest at the rate of 9% per annum from the date of the institution of the present complaint till its actual realization. The opposite parties are also directed to pay Rs. 10,000/- (Ten Thousand Only) to the complainant for physical harassment and mental agony besides Rs. 5,000/- (Five Thousand Only) towards litigation expenses. Compliance of order be made within the period of 30 days from the date of the receipt of copy of this order. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance.

Amrinder Singh Sidhu, President who is the author of this order, assumed Additional Charge of this Forum as President on 01.01.2019 for only two days a week and this complaint is decided as soon as possible on the conclusion of arguments on 23.04.2019 by the learned counsel for parties.  

 

  ANNOUNCED IN THE OPEN FORUM:

23rd Day of April 2019

 

 

 

            (Amrinder Singh Sidhu)

           President

 

 

           (Tejinder Singh Bhangu)                Member