Sham Lal filed a consumer case on 17 Feb 2016 against Umeed Co-operation Producer Co.Ltd. in the Sangrur Consumer Court. The case no is CC/1420/2015 and the judgment uploaded on 24 Feb 2016.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint No. 1420
Instituted on: 02.11.2015
Decided on: 16.02.2016
Sham Lal Gupta aged about 67 years son of Shri Des Raj Gupta, resident of # 143, Ram Basti, Mahavir Chowk, Sangrur, Tehsil and Distt. Sangrur.
…. Complainant.
Versus
1. Umeed Cooperation Producer Company limited, Building of MC Jarnail Singh, 1st Floor, Opposite Civil Hospital, Sangrur , Tehsil and District Sangrur through its Branch Manager Sandeep Kaur.
2. Umeed Cooperation Producer Company Limited, Regd. Office B-160, Sec.1, Rohini, New Delhi through its MD/DGM Operation (Given up by the complainant on 1.1.2016).
3. Umeed Co-operation Producer Company Limited, Corporate Office, Plot No.1631, HSIIDC Rai Industrial Area, Sonepat (Haryana) through its Executive Director.
….Opposite parties.
FOR THE COMPLAINANT: Shri Mahesh Satija, Advocate
FOR OPP. PARTY NO.1&3: Exparte.
Quorum
Sukhpal Singh Gill, President
K.C.Sharma, Member
Sarita Garg, Member
ORDER:
Sukhpal Singh Gill, President
1. Shri Sham Lal Gupta, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that on the request of OPs, the complainant availed the services of the Ops by depositing an amount of Rs.50,000/- in the shape of FDR with the OP number 1 under the account bearing registration number FD-005-00000125 dated 30.6.2014 for the period of 12 months with the date of commencement as 22.7.2014, to which the Ops were to pay to the complainant an amount of Rs.55,500/- at the time of maturity i.e. on 22.7.2015. Further case of the complainant is that after the maturity of the FDR in question, the complainant approached the opposite parties for release of the payment of Rs.55,500/- and also deposited the original FDR document with the OPs on 06.07.2017, but the Ops did not make the payment of the FDR despite deposit of the same with the OPs. Thus, alleging deficiency in service on the part of OPs, the complainant has prayed that the Ops be directed to release the payment of Rs.55,500/- along with interest @ 18% per annum from the due date of payment till realization and further claimed compensation and litigation expenses.
2. Record shows that the OP number 2 was gave up by the complainant on 1.1.2016. The Ops number 1 and 3 did not appear despite service, as such, Ops number 1 and 3 were proceeded exparte on 1.1.2016.
3. The complainant has tendered documents Ex.C-1 affidavit, Ex.C-2 copy of FDR, Ex.C-3 copy of acknowledgement, Ex.C-4 copy of bank statement, Ex.C-5 copy of cheque dated 22.7.2014 for Rs.50,000/- and closed evidence.
4. We have very carefully perused the pleadings of the complaint, evidence produced on the file and heard the arguments of the learned counsel for the complainant. In our opinion, the complaint merits acceptance, for these reasons.
5. From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that the complainant had deposited the amount of Rs.50,000/- in the shape of FDR with the Ops, as is evident from the copy of FDR certificate, which is on record as Ex.C-2, which further shows that the Ops were to pay to the complainant an amount of Rs.55,500/- on the maturity date i.e. 22.7.2015, which has not been paid by the OP to the complainant. Ex.C-4 is the copy of statement issued by Union Bank of India and Ex.C-5 is the copy of cheque, which also shows that complainant had invested the amount of Rs.50,000/- with the Ops. There is no explanation from the side of the Ops that why they did not repay the maturity amount of Rs.55,500/- to the complainant. In the circumstances, we feel that the complainant is entitled to get the amount of Rs.55,500/- from the Ops, which the Ops failed to pay on the due date i.e. 22.7.2015. As such, it is a clear cut case of deficiency in service on the part of the Ops.
6. So, in view of our above discussion, we allow the complaint of the complainant and direct the Ops number 1 and 3 to make the payment of Rs.55,500/- to the complainant along with interest @ 9% per annum from the due date of payment i.e. 22.07.2015 till realization. We further order the OPs to pay to the complainant a sum of Rs.5000/- on account of compensation and further Rs.1100/- as litigation expenses.
7. This order of ours shall be complied with within 60 days from the receipt of copy of the order. A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.
Pronounced.
February 16, 2016.
(Sukhpal Singh Gill)
President
(K.C.Sharma)
Member
(Sarita Garg)
Member
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