Haryana

Ambala

CC/46/2023

SUBHASH CHAND. - Complainant(s)

Versus

THE NATIONALIZED BANK EMPLOYESS & OTHER PUBLIC CO-OPERATIVE T & C SOCIETY LTD. - Opp.Party(s)

MUNISH BAKSHI.

06 Aug 2024

ORDER

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	46 of 2023
Date of Institution	:	06.02.2023
Date of decision	:	06.08.2024

 

1. Subhash Chand aged about 46 years son of Sh. Jagdish Lal
2. Kavita aged about 42 years wife of Subhash Chand both R/o H. No.233 Vill. Kherki Jattan, Tehsil Naraingarh, Distt. Ambala.

……. Complainants

                                                Versus

1. The Nationalized Bank Employees And Other Public Co-Operative T&C Society Ltd. (Reg. No. 13-N) Naraingarh (Ambala) through its President situated near SBI Bank Nahan Road Naraingarh, Distt. Ambala.

 

2.  

2.  Kuldeep Kumar S/o Sh. Krishan Lal (President since 2003 to till date of defendant no.1) R/o Vill. Dera Kharwan Tehsil Jagadhari, Distt. Yamunanagar and presently lying confined in Central Jail Ambala in FIR No.43 dated 11.02.2020 U/S 406, 420, IPC and the service may be effected through Superintendent of Central Jail Ambala.
3.  Sunil Kumar Diwan S/o Balbir Dev (Secretary since 15.02.1989 to 2003 of defendant no.1), (Vice President since 2012 upto now of defendant no.1) R/o H. No.759 Sector 17 HUDA Jagadhari Distt. Yamunanagar-135001 and presently lying confined in Central Jail Ambala in FIR No.43 dated 11.02.2020 PS Naraingarh U/S 420 IPC and the service may be effected through Superintendent of Central Jail Ambala.
4. Rasal Chand Bodhi S/o Molu Ram (President 1989 to 2003 of defendant no. 1) (Cashier since 2003 up to now of defendant no.1) R/o H. No. 849 Sector 17 HUDA Jagadhari Distt. Yamunanagar and presently confined in Central Jail Ambala in FIR No.43 dated 11.02.2020 PS Naraingarh U/s 420 etc and service may be effected through Superintendent Central Jail Ambala.
5. Vinod Kumar Sharma (1989 to 2003 Vice President of defendant no.1) (Executive member since 2003 up to now of defendant no.1) S/o Sh. Krishan Lal Sharma R/o H.No.92-B, Professor Colony Near Gabha Hospital Yamunanagar and presently confined in Central Jail Ambala in FIR No. 43 dated 11.02.2020 PS Naraingarh U/s 420 etc and service may be effected through Superintendent Central Jail Ambala.
6. Amit Kumar (Secretary since 2003 to 2007 of defendant no.1) (2007 to 2012 and till now Executive member of defendant no.1) son of Sh. Brij Bhushan R/o H. No.326, Sanjay Vihar Colony Near Gabha Hospital Yamunanagar.
7. Randhir Singh S/o Matu Ram (Accountant 2009 to till now of defendant no.1) R/o VPO Ambli, Tehsil Naraingarh, Distt. Ambala and presently confined in Central Jail Ambala in FIR No. 43 dated 11.02.2020 PS Naraingarh U/s 420 etc and service may be effected through Superintendent Central Jail Ambala.
8. Som Nath son of Sh. Chet Ram (Executive Member) R/o Nahan Road Naraingarh, near Monta Shuttering Store/Gautam Restaurant, ward No. 6 Naraingarh, Tehsil Naraingarh, Distt. Ambala. (98131 06889).

 

….…. Opposite Parties.

…………………………………………………………………………………

 

Complaint case no.	:	47 of 2023
Date of Institution	:	06.02.2023
Date of decision	:	06.08.2024

 

1. Ram Kishan son of Sh.Shadi Ram
2. Salochana wife of Sh.Ram Kishan

Both R/o Ward No.5, Nanah Road, Naraingarh, Tehsil Naraingarh, Distt. Ambala.

……. Complainants

                                                Versus

1. The Nationalized Bank Employees And Other Public Co-Operative T&C Society Ltd. (Reg. No. 13-N) Naraingarh (Ambala) through its President situated near SBI Bank Nahan Road Naraingarh, Distt. Ambala.

 

2.  

2.  Kuldeep Kumar S/o Sh. Krishan Lal (President since 2003 to till date of defendant no.1) R/o Vill. Dera Kharwan Tehsil Jagadhari, Distt. Yamunanagar and presently lying confined in Central Jail Ambala in FIR No. 43 dated 11.02.2020 U/S 406, 420, IPC and the service may be effected through Superintendent of Central Jail Ambala.
3.  Sunil Kumar Diwan S/o Balbir Dev (Secretary since 15.02.1989 to 2003 of defendant no. 1), (Vice President since 2012 upto now of defendant no.1) R/o H. No. 759 Sector 17 HUDA Jagadhari Distt. Yamunanagar-135001 and presently lying confined in Central Jail Ambala in FIR No.43 dated 11.02.2020 PS Naraingarh U/S 420 IPC and the service may be effected through Superintendent of Central Jail Ambala.
4. Rasal Chand Bodhi S/o Molu Ram (President 1989 to 2003 of defendant no. 1) (Cashier since 2003 up to now of defendant no.1) R/o H. No.849 Sector 17 HUDA Jagadhari Distt. Yamunanagar and presently confined in Central Jail Ambala in FIR No.43 dated 11.02.2020 PS Naraingarh U/s 420 etc and service may be effected through Superintendent Central Jail Ambala.
5. Vinod Kumar Sharma (1989 to 2003 Vice President of defendant no.1) (Executive member since 2003 up to now of defendant no.1) S/o Sh. Krishan Lal Sharma R/o H. No.92-B, Professor Colony Near Gabha Hospital Yamunanagar and presently confined in Central Jail Ambala in FIR No.43 dated 11.02.2020 PS Naraingarh U/s 420 etc and service may be effected through Superintendent Central Jail Ambala.
6. Amit Kumar (Secretary since 2003 to 2007 of defendant no.1) (2007 to 2012 and till now Executive member of defendant no.1) son of Sh. Brij Bhushan R/o H. No.326, Sanjay Vihar Colony Near Gabha Hospital Yamunanagar.
7. Randhir Singh S/o Matu Ram (Accountant 2009 to till now of defendant no. 1) R/o VPO Ambli, Tehsil Naraingarh, Distt. Ambala and presently confined in Central Jail Ambala in FIR No.43 dated 11.02.2020 PS Naraingarh U/s 420 etc and service may be effected through Superintendent Central Jail Ambala.
8. Som Nath son of Sh. Chet Ram (Executive Member) R/o Nahan Road Naraingarh, near Monta Shuttering Store/Gautam Restaurant, ward No.6 Naraingarh, Tehsil Naraingarh, Distt. Ambala. (98131 -06889).

….…. Opposite Parties.

…………………………………………………………………………………

 

Complaint case no.	:	48 of 2023
Date of Institution	:	06.02.2023
Date of decision	:	06.08.2024

 

1. Salochana wife of Sh.Ram Kishan
2. Ram Kishan son of Sh.Shadi Ram
3. Subhash Jarora son of Sh.Ram Kishan

All R/o Ward No.5, Nanah Road, Naraingarh, Tehsil Naraingarh, Distt. Ambala.

……. Complainants

                                                Versus

1. The Nationalized Bank Employees And Other Public Co-Operative T&C Society Ltd. (Reg. No.13-N) Naraingarh (Ambala) through its President situated near SBI Bank Nahan Road Naraingarh, Distt. Ambala.

 

2.  

2.  Kuldeep Kumar S/o Sh. Krishan Lal (President since 2003 to till date of defendant no.1) R/o Vill. Dera Kharwan Tehsil Jagadhari, Distt. Yamunanagar and presently lying confined in Central Jail Ambala in FIR No. 43 dated 11.02.2020 U/S 406, 420, IPC and the service may be effected through Superintendent of Central Jail Ambala.
3.  Sunil Kumar Diwan S/o Balbir Dev (Secretary since 15.02.1989 to 2003 of defendant no.1), (Vice President since 2012 upto now of defendant no.1) R/o H. No. 759 Sector 17 HUDA Jagadhari Distt. Yamunanagar-135001 and presently lying confined in Central Jail Ambala in FIR No. 43 dated 11.02.2020 PS Naraingarh U/S 420 IPC and the service may be effected through Superintendent of Central Jail Ambala.
4. Rasal Chand Bodhi S/o Molu Ram (President 1989 to 2003 of defendant no. 1) (Cashier since 2003 up to now of defendant no.1) R/o H. No. 849 Sector 17 HUDA Jagadhari Distt. Yamunanagar and presently confined in Central Jail Ambala in FIR No. 43 dated 11.02.2020 PS Naraingarh U/s 420 etc and service may be effected through Superintendent Central Jail Ambala.
5. Vinod Kumar Sharma (1989 to 2003 Vice President of defendant no.1) (Executive member since 2003 up to now of defendant no.1) S/o Sh. Krishan Lal Sharma R/o H. No.92-B, Professor Colony Near Gabha Hospital Yamunanagar and presently confined in Central Jail Ambala in FIR No.43 dated 11.02.2020 PS Naraingarh U/s 420 etc and service may be effected through Superintendent Central Jail Ambala.
6. Amit Kumar (Secretary since 2003 to 2007 of defendant no.1) (2007 to 2012 and till now Executive member of defendant no. 1) son of Sh. Brij Bhushan R/o H. No.326, Sanjay Vihar Colony Near Gabha Hospital Yamunanagar.
7. Randhir Singh S/o Matu Ram (Accountant 2009 to till now of defendant no. 1) R/o VPO Ambli, Tehsil Naraingarh, Distt. Ambala and presently confined in Central Jail Ambala in FIR No.43 dated 11.02.2020 PS Naraingarh U/s 420 etc and service may be effected through Superintendent Central Jail Ambala.
8. Som Nath son of Sh. Chet Ram (Executive Member) R/o Nahan Road Naraingarh, near Monta Shuttering Store/Gautam Restaurant, ward No.6 Naraingarh, Tehsil Naraingarh, Distt. Ambala. (98131 06889).

….…. Opposite Parties.

…………………………………………………………………………………

 Before:        Smt. Neena Sandhu, President.

                              Smt. Ruby Sharma, Member,

           Shri Vinod Kumar Sharma, Member.           

 

Present:       Shri Munish Bakshi, Advocate, counsel for the complainants

                    OPs No.1 to 5, 7 and 8 already ex parte.

                   OP No.6 in person.

 

Order:        Smt. Neena Sandhu, President.

                   By this order, we propose to dispose of the aforesaid three consumer complaints. Since, the issues involved in the above complaints except minor variations here and there of law and fact are the same, wherein the respective complainants have sought directions to the OPs to refund their maturity amount(s), flown out of after maturing of their respective FDRs alongwith compensation for mental agony and harassment and also litigation expenses, therefore, we are of the opinion that these complaints can be disposed of, by passing a consolidated order.

2.            The facts are being culled out from CC No.46 of 2023 titled as Subhash Chand  and another Versus The Nationalized Bank Employees And Other Public Co-Operative T&C Society Ltd.  and others.. The complainants have filed this complaint against the Opposite Parties (hereinafter referred to as ‘OPs’), praying for issuance of following directions to them:-

1. To refund the amount of the FDRs i.e. Rs. 12,00,000/- and to pay the interest from the date of maturity till the date of payment.
2. To pay a sum of Rs.1,00,000/- as general and special damages.
3. To pay Rs.1,00,000/- for harassment and mental agony.
4. To pay cost of litigation of Rs.55,000/-.
   382.                             

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

 

Brief facts of this case are that OP No.1 is running its work under the name & style of The Nationalized Bank Employees and other public co operatives T& C Society Ltd at Naraingarh through OPs No.2 to 8 and its registration number is 13(N). OP No.1 also used to receive the savings of societies/persons like the complainants. OP No.1 through its officials i.e. OPs No.2 to 8 had contacted complainant no.1 and offered to invest funds in their society with a promise they will provide better services and higher rate of interest and that whenever complainant no.1 needs his funds, it can be withdrawn before maturity or on maturity. Having faith upon the above said promise of the OPs the complainants had deposited their savings in the form of FDR with the OPs as under:-

 

(i) FDR bearing No.53823 dated 10.09.2014 of Rs.6,00,000/ maturity date as 10.09.2020 and maturity value Rs.12,00,000/- in the name of complainants.

 

3.           Kuldeep Kumar has signed the FDRs as President of the above said society-OP No.1 and Rasal Chand as member/cashier of the said society in the presence of complainants and Randir Singh, signed all the renewals and put the renewal stamp on the back of FDRs time to time. After the maturity date of the above said FDR, the complainants had visited the office of the OPs  for a number of times to get the maturity amount but the OPs always delayed the payment on one pretext or the other and asked the complainants that the above said renewed FDRs are automatically renewed after the maturity date and the interest amount is accumulating/payable on the maturity amount and as such no need to worry. Thereafter, Sunil Kumar Diwan, Rasal Chand and Vinod Sharma,  Kuldeep and Randhir were arrested by the police in the different FIRs lodged by the investors and still are confined in Central Jail Ambala. Rasal Chand and Sunil Diwan were arrested in August 2020 in FIR No.43 dated 11.02.2020 and Randhir was arrested in September 2020 and Vinod and Kuldeep were arrested in December 2020 and are still confined in Central Jail Ambala also under FIR No.8 dated 04.01.2021 and also FIR No. 255 dated 13.07.2021. The complainant No.1 requested the sons of Sunil Kumar Diwan and Rasal Chand to return the above said amount but to no avail.   Ultimately, Sunil Diwan, Kuldeep, Rasal and Randhir refused to refund the amount invested in the FDRs and also the interest etc. accrued thereupon.  The complainants have came to know that there are number of persons who have deposited their hard earned money with the OP No.1 vide different FDRs and the OPs are not refunding their money also. FIR has been lodged against the OPs. By not refunding the maturity amount of the FDRs, the OPs have committed deficiency in service. Hence the present complaint.
4.           Upon notice, none appeared on behalf of the OPs No.1 to 5, 7 and 8 before this Commission, therefore, they were proceeded against ex-parte vide order dated 26.04.2023.
5.           Upon notice, OP No.6 appeared and sent his affidavit through registered post on 16.05.2023. On 26.05.2023, he has suffered a statement, which is recorded separately, to the effect that his affidavit sent through registered post may be read as written version of OP No.6.  In the affidavit, it is stated that he never remained never remained member of the Society as alleged by the complainants and it has no concern with the alleged society. OP No.4 is living with his mother which is owned and possessed by his mother by obtaining loan from Chola Mandlam Bank amounting to Rs.12,00,000/-. After obtaining the loan, OP No.6 requested his uncle Shri Vinod to help him in raising construction over the said plot purchased by his mother. An amount Rs.1,00,000/- in the shape of loan was arranged from the said society. Later on, OP No.6 cleared the said loan in installments and no amount is due against him.  OP No.6 was working as a Lab attention in S.D. Modal School, Jagadhri and he remained in the School since 2006 to 2015 on a monthly salary of Rs.4000/- only. In addition to this, OP No.4 was taking part in Jagran and Kirtan. Now OP No.6 is running a shop of general merchant in the rented shop at Professor Colony, Yamuna Nagar. OP No.4 has already made the statement inthis regard firstly before the Crime Branch  Ambala and then before state Crime Branch Panchkula. OP No.6 never met with complainants nor is he personally known to them. The mother's house of OP No.6 has now sold the said house in loss because installments were not paid in time and due to harassment from Bank.   The complaint filed by the complainants is false, frivolous and vexations, as such, it is liable to be dismissed with heavy costs.
6.           Complainant No.1 tendered his affidavit as Annexure CW1/A alongwith documents as Annexure C-1 to C-6 and closed the evidence of the complainant No.1. Shri Amit Kumar i.e OP No.6 tendered his affidavit by way of evidence as Annexure OP-6/A alongwith documents as Annexure OP-6/1 to OP-6/4 and closed the evidence of the OP No.6.
7.           We have heard the learned counsel for the complainants in all these complaints and OP No.6 in person and have also carefully gone through the case files.
8.           Learned counsel for the complainants submitted that by neither making payment of principal amount nor the maturing amounts, the OPs have indulged into unfair trade practice and are also deficient in providing service, for which they need to be penalized. 
9.           On the other hand, OP No.6 in person submitted that he never remained member of the Society as alleged by the complainants and it has no concerned with the alleged society. He further submitted that he is living in his mother’s house which has now been sold. He further submitted that   he had requested his uncle Shri Vinod to help him in raising construction over the said plot purchased by his mother and the amount of loan arranged by him has been cleared by OP No.6. He further submitted that he was working as a Lab attention in S.D. Modal School, Jagadhri and he remained in the School since 2006 to 2015 on a monthly salary of Rs.4000/- only and now  running a shop of general merchant in the rented shop at Professor Colony, Yamuna Nagar.
10.           It is coming out from the record that the complainants in all these complaints have invested their money with the OPs in the shape of FDRs which were renewed from time to time but there is nothing on record that after maturity of the said FDRs, the maturity amount has been paid to them.   Details of FDRs of these cases are given hereunder:-

In CC No.46 of 2023:-

1. FDR bearing No.53823 dated 10.09.2014 (Annexure C-1) of Rs.6,00,000/- with maturity date as 10.09.2020 and maturity value Rs.12,00,000/- (Total 12 lacs), in the name of the complainants is at Annexure C1.

In CC No.47 of 2023:-

1. FDR bearing No.43116 dated 17.06.2008 of Rs. 36,829/- maturity date as 25.07.2009 and maturity value Rs.46,654/- in the name of complainants. Renewed from time to time and lastly renewed from 25.07.2018 to 25.07.2019 with maturity value of Rs.1,92,012/-. The copy of FDR alongwith renewal stamp is at Annexure C1.
2. FDR bearing No.46344 dated 05.07.2010 of Rs.1,00,000/- maturity date as 05.07.2011 and maturity value Rs. 1,13,000/- in the name of complainants. Renewed from time to time and lastly renewed from 05.07.2018 to 05.07.2019 with maturity value of Rs.3,45,025/-. The copy of FDR alongwith renewal stamp is at Annexure C2.
3. FDR bearing No.54622 dated 24.04.2015 of Rs.5,00,000/- maturity date as 24.04.2016 and maturity value Rs. 5,73,762/- in the name of complainants. Renewed from time to time and lastly renewed from 24.04.2018 to 24.04.2019 with maturity value of Rs.8,66,994/-. The copy of FDR alongwith renewal stamp is at Annexure C3.
4. FDR bearing No.54634 dated 27.04.2015 of Rs.5,00,000/- maturity date as 27.04.2016 and maturity value Rs. 5,73,762/- in the name of complainants. Renewed from time to time and lastly renewed from 27.04.2018 to 27.04.2019 with maturity value of Rs.8,66,994/-. The copy of FDR alongwith renewal stamp is at as Annexure C4.
5. FDR bearing No.54663 dated 02.05.2015 of Rs.5,00,000/- maturity date as 02.05.2016 and maturity value Rs. 5,73,762/- in the name of complainant and his son namely Sachin Jarora. Renewed from time to time and lastly renewed from 02.05.2018 to 02.05.2019 with maturity value of Rs.8,66,994/-. The copy of FDR alongwith renewal stamp is at Annexure C5. 
6. FDR bearing No.54708 dated 14.05.2015 of Rs.5,00,000/ maturity date as 14.05.2016 and maturity value Rs. 5,73,762/- in the name of complainant and his son namely Sachin Jarora. Renewed from time to time and lastly renewed from 14.05.2018 to 14.05.2019 with maturity value of Rs.8,66,993/-. The copy of FDR alongwith renewal stamp is at Annexure  C6.
7. FDR bearing No.54790 dated 05.06.2015 of Rs.5,00,000/ maturity date as 05.06.2016 and maturity value Rs. 5,73,762/- in the name of complainants. Renewed from time to time and lastly renewed from 05.06.2018 to 05.06.2019 with maturity value of Rs.8,66,994/-. The copy of FDR alongwith renewal stamp is at Annexure C7.
8.  

 In CC No.48 of 2023:-

1.  FDR bearing No.43115 dated 17.06.2008 of Rs.46,038/ maturity date as 08.07.2009 and maturity value Rs.58,320/- in the name of complainants No.1 and 3. Renewed from time to time and lastly renewed from 08.07.2018 to 08.07.2019 with maturity value of Rs. 2,40,024/-.The copy of FDR alongwith renewal stamp is at Annexure  C1.
2. FDR bearing No.43120 dated 17.06.2008 of Rs.50,576/ maturity date as 08.05.2009 and maturity value Rs. 66,599/- in the name of daughter of complainant no.2 namely Neetu. Renewed from time to time and lastly renewed from 08.05.2018 to 08.05.2019 with maturity value of Rs. 2,63,683/-. The copy of FDR alongwith renewal stamp is at Annexure  C2.
3. FDR bearing No.43119 dated 17.06.2008 of Rs.50,576/ maturity date as 08.05.2009 and maturity value Rs. 66,599/- in the name of complainant No.3. Renewed from time to time and lastly renewed from 08.05.2018 to 08.05.2019 with maturity value of Rs. 2,63,683/-. The copy of FDR alongwith renewal stamp is at  Annexure  C3.
4. FDR bearing No.43114 dated 17.06.2008 of Rs.45,593/ maturity date as 10.03.2009 and maturity value Rs. 57,756/- in the name of complainants No.1 and 2 and their daughter namely Baby Neeru. Renewed from time to time and lastly renewed from 10.03.2018 to 10.03.2019 with maturity value of Rs.2,37,404/-. The copy of FDR alongwith renewal stamp is at Annexure  C4.
5. FDR bearing No. 43118 dated 13.12.2008 of Rs.36,122/- maturity date as 13.12.2009 and maturity value Rs. 45,758/- in the name of complainant No.3. Renewed from time to time and lastly renewed from 13.12.2018 to 13.12.2019 with maturity value of Rs. 1,88,325/-. The copy of FDR alongwith renewal stamp is at  Annexure  C5.
6. FDR bearing No.43117 dated 04.12.2008 of Rs.51,313/ maturity date as 04.12.2009 and maturity value Rs. 65,002/- in the name of complainants No.1 and 2. Renewed from time to time and lastly renewed from 04.12.2018 to 04.12.2019 with maturity value of Rs.2,67,525/-. The copy of FDR alongwith renewal stamp is at Annexure C6.
7. FDR bearing No.45965 dated 27.04.2010 of Rs.2,00,000/ maturity date as 27.04.2011 and maturity value Rs. 2,29,505/- in the name of complainants No.2 and 3. Renewed from time to time and lastly renewed from 27.04.2018 to 27.04.2019 with maturity value of Rs.6,90,054/-. The copy of FDR alongwith renewal stamp is at Annexure C7.
8. FDR bearing No.54612 dated 22.04.2015 of Rs.5,00,000/ maturity date as 22.04.2016 and maturity value Rs. 5,73,7628/- in the name of complainants No.1 and 2. Renewed from time to time and lastly renewed from 22.04.2018 to 22.04.2019 with maturity value of Rs.8,66,994/-. The copy of FDR along with renewal stamp of the opposite party is annexed as Annexure C8.
9. FDR bearing No. 54614 dated 23.04.2015 of Rs.5,00,000/ maturity date as 23.04.2016 and maturity value Rs. 5,73,762/- in the name of complainants No.2 and 3. Renewed from time to time and lastly renewed from 23.04.2018 to 23.04.2019 with maturity value of Rs. 8,66,994/-. The copy of FDR along with renewal stamp is at Annexure C9.
10. FDR bearing No.54689 dated 28.04.2015 of Rs.5,00,000/ maturity date as 28.04.2016 and maturity value Rs. 5,73,762/- in the name of complainants No.2 and 3. Renewed from time to time and lastly renewed from 28.04.2018 to 28.04.2019 with maturity value of Rs.8,66,994/-. The copy of FDR along with renewal stamp is at Annexure  C10.
11.  

 

11.           As per the version of the complainants, which is supported by their affidavits, the aforesaid amounts of the FDRs due, have not been paid by the OPs and all efforts to recover the said amounts has gone in the air.  As stated above, notice of this complaint was sent to OPs No.1 to 8. However, none appeared on behalf of OPs No.1 to 5, 7 and 8 and accordingly they were proceeded against ex parte vide order dated 26.04.2023.  The plea of the OP No.6 is that he never remained member of the society and has no concern with it. For the period from 2006 to 2015, he was working as Lab Attendant. To prove this fact he has placed on record a certificate dated 19.01.2022, of S.D. Model, Jagadhari, Haryana, Annexure OP6/1. In this view of the matter, OP No.6 cannot be said to be deficient in providing service to the complainants and the complaint(s) filed against him, are liable to be dismissed. Non-appearance of OPs No.1 to 5, 7 and 8 shows that they have nothing to say in their defence against the allegations made by the complainants in these complaints. Therefore, the assertions of the complainants made in their complaints went unrebutted & uncontroverted. By not making the payment of the maturity amount of the FDRs to the respective complainants, the OPs No.1 to 5, 7 and 8 have committed deficiency in providing service.  
12.           In view of the aforesaid discussion, we hereby dismiss the present complaint against OP No.6 and allow the same against OPs No.1 to 5, 7 and 8. Therefore, OPs No.1 to 5, 7 and 8 jointly and severally are directed as under:-

In consumer complaint bearing no.46 of 2023:- :-

1. To pay to the complainants maturity amount in respect of the FDR in question as detailed in chart above i.e. Rs. 12 lacs, alongwith interest @6% p.a. from the date of maturity, till realization.
2. To pay Rs.5000/-, as compensation for the mental agony and physical harassment suffered by the complainants.
3. To pay Rs.3,000/-, as litigation expenses.

                   The OPs No.1 to 5, 7 and 8 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 No.1 to 5, 7 and 8 shall pay interest @ 8% per annum on the awarded amounts 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.

In consumer complaint bearing no.47 of 2023:- :-

(i)      To pay to the complainants maturity amount in respect of all    the FDRs as detailed in chart above i.e. Rs. 48,72,007/- alongwith interest @6% p.a. from the date of respective dates of maturity, till its realization.

(ii)     To pay Rs.5000/-, as compensation for the mental agony and   physical harassment suffered by the complainants.

(iii)    To pay Rs.3,000/-, as litigation expenses.

                   The OPs No.1 to 5, 7 and 8 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 No.1 to 5, 7 and 8 shall pay interest @ 8% per annum on the awarded amounts 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.                                                  In consumer complaint bearing no.48 of 2023:-

(i)      To pay to the complainants maturity amount in respect of all    the FDRs as detailed in chart above i.e. Rs. 47,51,680/-,          alongwith interest @6% p.a. from the date of respective      dates of maturity, till realization.  

(ii)     To pay Rs.5000/-, as compensation for the mental agony and   physical harassment suffered by the complainants.

(iii)    To pay Rs.3,000/-, as litigation expenses.

                            The OPs No.1 to 5, 7 and 8 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 No.1 to 5, 7 and 8 shall pay interest @ 8% per annum on the awarded amounts 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.

                  Certified copy of this order be placed in each connected files. File be indexed and consigned to the Record Room.       

Announced:- 06.08.2024

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

 

 

 

CC No.46 of 2023

 

 

Present:       Shri Munish Bakshi, Advocate, counsel for the complainants

                   OPs No.1 to 5, 7 and 8 already ex parte.

                   OP No.6 in person.

 

 

Vide our separate detailed order of even date, the present complaint has been dismissed against OP No.6 and the same has been allowed against OPs No.1 to 5, 7 and 8. File be consigned to Record Room, after due compliance.

 

Announced on: 06.08.2024

                                     

 

 

                   Member                          Member                          President

 

 

 

CC No.47 of 2023

 

 

Present:       Shri Munish Bakshi, Advocate, counsel for the complainants

                   OPs No.1 to 5, 7 and 8 already ex parte.

                   OP No.6 in person.

 

 

Vide our separate detailed order of even date, the present complaint has been dismissed against OP No.6 and the same has been allowed against OPs No.1 to 5, 7 and 8. File be consigned to Record Room, after due compliance.

 

Announced on: 06.08.2024

                                     

 

 

                   Member                          Member                          President

 

 

 

CC No.48 of 2023

 

 

Present:       Shri Munish Bakshi, Advocate, counsel for the complainants

                   OPs No.1 to 5, 7 and 8 already ex parte.

                   OP No.6 in person.

 

 

Vide our separate detailed order of even date, the present complaint has been dismissed against OP No.6 and the same has been allowed against OPs No.1 to 5, 7 and 8. File be consigned to Record Room, after due compliance.

 

Announced on: 06.08.2024

                                     

 

 

                   Member                          Member                          President