Haryana

Ambala

CC/187/2020

Sumit Sobti - Complainant(s)

Versus

The Nationalised Bank Employees and other Public Co-Operative - Opp.Party(s)

Sandeep Sachdeva

30 Sep 2022

ORDER

 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                          Complaint case no.         :    187 of 2020

                                                          Date of Institution           :     09.09.2020

                                                          Date of decision    :     30.09.2022

 

Sumit Sobti aged about 40 years, son of late Sh. Om Parkash, resident of village Tamnoli, Tehsil Barara, District Ambala at present residing at House No.UUC 90, Breadrath Road, Opposite Naaz Cinema, Jallandhar City, Punjab.         

                                                                                 ……. Complainant.

                                                Versus

1. The Nationalised Banks Employees and other Public Co-Operative T. & C. Society Ltd. Naraingarh (Ambala) through its President/ authorized signatory.
2. Kuldeep Kumar son of Sh. Krishan Lal, resident of village Dera Kharwan, District Yamuna Nagar, President of The Nationalised Banks Employees and other Public Co-Operative T. & C. Society Ltd. Naraingarh (Ambala)
3. Sunil Dhiman son of Sh.Balbir Dev, resident of Sector 7, Jagadhri, District Yamuna Nagar, Vice- President of The Nationalised Banks Employees and other Public Co-Operative T. & C. Society Ltd. Naraingarh (Ambala).
4. Risal Chand son of Sh.Moli Ram, resident of HUDA Sector 7, Jagadhri, District Yamuna Nagar, Cashier of The Nationalised Banks Employees and other Public Co-Operative T. & C. Society Ltd. Naraingarh (Ambala).

                                                                                       ….….Opposite Parties.

 

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.

                   Shri Vinod Kumar Sharma, Member.         

                            

Present:       Shri Sandeep Misra, Advocate, counsel for the complainant.

OPs No.1 to 4 already ex parte.

 

Order:        Smt. Neena Sandhu, President

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

(i) To pay the maturity amounts of Rs.8,00,000/- including interest @ 12%, Rs.7,00,000/- including interest @ 12% and Rs.4,00,000/- including interest @12%, of the above said FDRS alongwith upto date interest with immediate effect..

ii) To pay a sum of Rs.1,00,000/- on account of loss, harassment, pain, agony suffered by the complainant.

iii) To pay Rs.22,000/- as litigation expenses.

                                      OR

Grant any other relief which this Hon’ble Commission may deem fit.

2.             Brief facts of this case are that in the years 2014-2015, the complainant had sold his land situated in village Tamnoli, Tehsil Barara, District Ambala to the wife of OP No.3. At the time of selling the said land, OP No.3 told the complainant to deposit the said amount of sale consideration of the land in the FDRs, whereafter, he will earn profit and also handsome interest every month and that the said amount kept in the FDRs will be in the safe hands. On believing the promises and assurances given by the OPs, the complainant deposited following amounts in the shape of FDRs with the OPs:-
   1. FDR No.55163 dated 21.9.2015 for an amount of Rs.8,00,000/- (maturity date 21.9.2016)
   2. FDR No.55164 dated 21.9.2015 for an amount of Rs.7,00,000/- (Maturity date 21.9.2016)
   3.  FDR No.53885 dated 30.8.2014 for an amount of Rs.4,00,000/- (Maturity date 30.8.2015)

 

                    After expiry of the maturity dates of the said FDRs, the maturity amounts were not paid to the complainant and the OPs lingered on the matter on one pretext or the other. However, the OPs were paying monthly interest to the complainant on the said FDRs amount and last payment of interest was made on 25/03/19.Thereafter, neither the maturity amount has been paid by the OPs to the complainant, nor the interest thereupon has been paid to him.Few days ago when the complainant again approached the OPs and requested them to pay the maturity amount aforesaid and also the pending interest, they told that they have closed down their office and as such, refused to pay the said maturity amount to the complainant.Hence, the present complaint.

3.           Upon notice, none has appeared on behalf of the OPs No.1 to 4 before this Commission, therefore, they were proceeded against ex-parte vide order dated 03.01.2022 and 30.05.2022.
4.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CA alongwith documents as Annexure C-1 to C-4 and closed the evidence on behalf of the complainant.
5.           We have heard the learned counsel for the complainant and have carefully gone through the case file.
6.           Learned counsel for the complainant submitted that by neither making payment of interest on the amount of FDRs from 25.03.2019 nor refunding the maturity amount, the OPs have not only committed deficiency in service but also indulged into unfair trade practice. OPs are thus jointly and severally liable to make payment, in respect of each FDRs alongwith interest and compensation.
7.           It may be stated here that bare perusal of copies of FDRs Annexure  C-1 to C-3 reveals that FDR No.55163 dated 21.9.2015 for an amount of Rs.8,00,000/- was to mature on 21.9.2016; FDR No.55164 dated 21.9.2015 for an amount of Rs.7,00,000/- was to mature on 21.9.2016; and  FDR No.53885 dated 30.8.2014 for an amount of Rs.4,00,000/- was to mature on 30.8.2015. It is also admitted by the complainant that the OPs kept on making payment of interest on the said FDRs till 25.03.2019 and in support of his contention; he has placed on record the statement of his bank, Annexure C-4 showing the same. However, as per the version of the complainant, which is supported by his affidavit, the said maturity amounts of the FDRS have not been paid by the OPs and that now they have refused to pay the same.
8.  It is significant to mention here that notice of this complaint was sent to OPs seeking their version of the case filed by the complainant. However, nobody appeared on behalf of the OPs, despite service, therefore, they were proceeded ex-parte, in the above stated manner. This act of the OPs draws an adverse inference against them. The non-appearance of the OPs shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant went unrebutted & uncontroverted.
9. Resultantly, we allow this complaint against the OPs and they jointly and severally are directed as under:-
   1. To pay the maturity amount of all the three FDRs aforesaid, to the complainant alongwith interest @4% p.a. from 26.03.2019 (one day after the last date of receipt of interest by the complainant i.e. 25.03.2019), till realisation.
   2. To pay Rs.5,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
   3. To pay Rs.3,000/- as litigation expenses.

 

The OPs are further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order, failing which the OPs shall pay interest @ 6% per annum on the awarded amount besides litigation costs, from the date of default, till realisation. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 30.09.2022

 

 

          (Vinod Kumar Sharma)        (Ruby Sharma)                   (Neena Sandhu)

              Member                               Member                President