Haryana

Ambala

CC/90/2022

Som Nath - Complainant(s)

Versus

The Nationalized Bank Employees and other public Co-operative T&C. Society Ltd - Opp.Party(s)

Ritesh Gupta

03 Jun 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	90 of 2022
Date of Institution	:	17.03.2022
Date of decision	:	03.06.2024

Som Nath Son of Late Shri Lachhman Dass aged about 71 years R/o House No.216, Ward No.2, Durga Colony, Naraingarh, District Ambala.

        ……. Complainant

                                                Versus

1. The Nationalised Bank Employees and Other Public Co-operative T&C Society Ltd., (Reg. No.13-N), Naraingarh, District Ambala situated near SBI Bank, Nahan-Chandigarh Road Naraingarh, District Ambala through its President.
2. Kuldeep Kumar Son of Krishan Lal Resident of Village Kharwan, District Yamunanagar 135003 employee of The Nationalised Bank Employees and Other Public Co-operative T&C Society Ltd.
3. Rasal Chand Son of Sh. Molu Ram Resident of H. No.849, Sector 17, HUDA, Jagadhari, District Yamunanagar, 135003 employee of The Nationalised Bank Employees and Other Public Co-operative T&C Society Ltd.
4. Sunil Kumar Deewan S/o Balbeer Dev H. No.759, Sector-17, HUDA, Jagadhari, District Yamunanagar, 135003 employee of The Nationalised Bank Employees and Other Public Co-operative T&C Society Ltd.

Opposite parties no.2 to 4 are at present confined in Central Jail, Ambala in a F.I.R No.43 of 2020 under section 406, 420 I.P.C registered at P.S Naraingarh

….…. Opposite Parties.

 

Before:        Smt. Neena Sandhu, President.

                      Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:       Shri Ritesh Gupta, Advocate, counsel for the complainant

                   OPs No.1 and 2 already ex parte.                                                                                                                                                                         Shri Manu Rastogi, Advocate legal aid counsel for the OPs No.3 & 4.

Order:        Smt. Neena Sandhu, President.

                   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:-

1. To refund the maturity amount of Rs.1,54,000/- alongwith interest @24% p.a.
2. To pay compensation to tune of Rs.50000/- on account of mental agony and harassment.
3. To pay cost of litigation
4. Grant any other relief which this Hon’ble Commission may deems fit. 

 

2.           Brief facts of the case are that the OPs No.2 to 4 induced the complainant to deposit the amount in the shape of FDR with the OP No.1 and assured that he will get interest @ 11%.   Being induced by the OPs No.2 to 4, complainant deposited the amount of Rs.1,40,000/- in the shape of FDR bearing no.58174 dated 27.11.2018, for a period of one year, with maturity amount of Rs.1,54,000/- on 27.11.2019. However, when the complainant approached the OPs for getting his maturity amount, they lingered on the matter on one pretext or the other and ultimately failed to pay the same. FIRs were also got registered against OPs No.2 to 4 in the matter, but to no avail. Hence, the present complaint.
3.           Upon notice, none appeared on behalf of the OPs No.1 & 2 before this Commission, therefore, they were proceeded against ex-parte vide order dated 25.05.2022.
4.           Upon notice, OPs No.3 and 4 appeared and filed written version and raised preliminary objections with regard to maintainability and no cause of action etc. On merits, it has been stated that the society in question is the registered society of retired employees who receive money from the people and give loans and is doing the same business of banking/finance since 1989. But due to the outbreak of Covid-19 pandemic, there started a wave that all the people who deposited in the society 'came together to get their respective amount. Since, the society who has received the amount from the public has given it on loan to different people who return the borrowed amount in instalments and as such are not having the whole amount as cash in hand received by them, due to which the payments were not given to all the depositors in a single day or so. Ultimately, in hurry, all the people got succeeded in registration of FIR against the society members including OPs No.3 and 4 and almost all the members of society were arrested in the said FIR No.43 of 2020 registered with P.S Naraingarh. The Society ultimately collapsed due to arrest of society members and all those who have taken the loan from the society stopped returning the amounts taken by them on loan and all the record was taken in possession by the police and office of the society is also got sealed by the police. OPs No.3 and 4 are not in possession of any record of the society. The complainant is barred from filing the present complaint as the complainant himself has stated that FIR has already been registered in the matter. The OPs are not is custody of any record being confined in jail and without the said record nothing further can happen.  Rest of the averments of the complainant were denied by OP No.4 and prayed for dismissal of the present complaint with costs.
5.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CA alongwith documents as Annexure C-1 to C-6 and closed the evidence on behalf of the complainant. OP No.3 tendered affidavit of Shri Rasal Chand son of Molu Ram, Central Jail, Ambala as Annexure OP-3/A closed the evidence of the OP No.3. OP No.4 tendered affidavit of Sunil Kumar Dewan son of Balbir Dev, Central Jail, Ambala as Annexure OP-4/A closed the evidence of the OP No.4.
6.           We have heard the learned counsel for the complainant and learned legal aid counsel for OPs No.3 and 4 and have also carefully gone through the case file.
7.           Learned counsel for the complainant submitted that by neither making payment of interest on the said amount of FDR nor refunding the maturity amount in respect of the same, the OPs have indulged into unfair trade practice and are also deficient in providing service, for which they need to be penalized.  They are also jointly and severally liable to make payment of the FDRs amount, alongwith interest and compensation.
8.           On the other hand, learned counsel for OPs No.3 and 4 submitted that all the people got succeeded in registration of FIR against the society members including OPs No.3 and 4 and almost all the members of society were arrested in the said FIR No.43 of 2020 registered with P.S Naraingarh. He further submitted that the Society ultimately collapsed due to arrest of society members and all those who have taken the loan from the society stopped returning the amounts taken by them on loan and all the record was taken in possession by the police and office of the society is also got sealed by the police. He further submitted that OPs No.3 and 4 are not in possession of any record of the society. He further submitted that the complainant is barred from filing the present complaint as the complainant himself has stated that FIR has already been registered in the matter.
9.           As per the version of the complainant, which is supported by his affidavit, the said amount of the FDR bearing no.58174 dated 27.11.2018 for maturity amount of Rs.1,54,000/- due on 27.11.2019 has not been paid by the OPs and all efforts to recover the said amount has gone in the air.  As stated above, notice of this complaint was sent to OPs No.1 and 2 seeking their version of the case filed by the complainant, yet, when nobody appeared on their behalf, they were proceeded ex-parte, in the above stated manner. Similarly, except bald assertions made by OPs No.3 and 4 in their reply, no cogent and convincing evidence has been placed on record by them to prove that the circumstances were beyond their control to make payment of the said FDR to the complainant.  What to speak of any evidence, even no document has been tendered on record as evidence by OPs No.3 and 4. The non-appearance of the OPs No.1 and 2 and also non filing of any  document by way of evidence by OPs No.3 and 4 in support of their  version, shows that they have nothing in their defence against the allegations made by the complainant in his complaint. Therefore, the assertions of the complainant made in his complaint went unrebutted & uncontroverted.  Since, the OPs have failed to pay the maturity amount of the aforesaid FDR to the complainant; therefore, they are deficient in providing service and complainant is thus not only entitled to get the maturity amount of the abovesaid FDR alongwith interest but is also entitled to get any compensation for the mental agony and physical harassment caused to him alongwith litigation expenses.    
10.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs, in the following manner:-

    

1. To pay the maturity amount of Rs.1,54,000/- in respect of FDR bearing no.58174, to the complainant alongwith interest @6% p.a. from the date of maturity i.e. 27.11.2019, till realization.
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 @ 8% per annum on the payable amount, from the date of default, till realization. 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:- 03.06.2024

 

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