Chandigarh

DF-II

CC/197/2015

Ashok Kumar Sood - Complainant(s)

Versus

Unitech Limited - Opp.Party(s)

Sh. Nitin Gupta Adv.

05 Jun 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

 

Consumer Complaint No.	:	197/2015
Date of Institution	:	15.04.2015
Date of Decision	:	05/06/2015

 

                                                

                                                         

Ashok Kumar Sood resident of H.No.242, NAC, Shivalik Enclave, Manimajra, Chandigarh

                                      ...  Complainant.

Versus

1.       Unitech Limited through its Director/Authorized Signatory c/o Unitech Ltd., 6 Community Centre Saket, New Delhi-110017.

 

2.       Sh.Ajay Chandra, Managing Director/Authorized Signatory of Unitech Ltd. r/o C-41, Mayfair Garden, New Delhi-110016.

 

…. Opposite Parties.

 

BEFORE:  SHRI RAJAN DEWAN, PRESIDENT

SHRI JASWINDER SINGH SIDHU, MEMBER

SMT.PRITI MALHOTRA, MEMBER

 

Argued by: Sh.Gaurav Gupta, Advocate for the complainant

                        OPs exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.           In brief, the case of the complainant is that the representative of the OP-Company contacted him in June, 2013 and lured him in the fixed deposit scheme introduced by its Company.  A copy of the Scheme Form is Annexure C-1. Being lured by assurances given by the representative of the OP-Company, the complainant purchased the F.D. in the sum Rs.25,000/- for one year from the OPs.  On maturity, the OP was to pay a sum of Rs.28,031/-.  It has been averred that the OPs neither paid the principal amount nor the interest amount on its maturity to the complainant. The complainant made repeated requests to the OPs to return the maturity amount but to no effect. Ultimately, the complainant got served the Opposite Parties with a legal notice dated 18.02.2015 but all in vain.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.           Notices were sent for the service of Opposite Parties through registered post on 22.04.2015.  However, neither the same was received back served/unserved till date.  As the period of more than 30 days had passed, therefore, it was presumed that they had been duly served.  None appeared on behalf of the Opposite Parties  on the date fixed, hence they were proceeded against exparte vide order dated 26.05.2015.
3.           We have heard the learned Counsel for the complainant and have gone through the documents on record.
4.           In exparte evidence, the complainant has filed his duly sworn affidavit with the supporting documents. In his affidavit, he has reiterated the averments made in the complaint. A photocopy of the receipt of fixed deposit No.1221858 dated 18.06.2013,  Annexure C-2 has been placed on record which shows that the complainant had purchased the FD in the sum of Rs.25,000/-  from the Opposite Parties and the OP-Company was to pay a sum of Rs.28,031/- on its maturity i.e. 08.06.2014.  The complainant has specifically deposed in his affidavit that the OPs failed to pay the assured amount i.e. maturity amount despite service of legal notice, Annexure C-3. In our considered view, non-refund of the maturity amount on its maturity itself amounts to deficiency in service, as also indulgence into unfair trade practice on the part of the Opposite Parties.
5.           In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The opposite parties are directed as under ;-

1. To refund the maturity amount i.e. Rs.28,031/- to the complainant.
2. To pay a sum of Rs.7, 000/- to the complainant as compensation for mental agony and physical harassment.
3. To pay a sum of Rs.5,500/- as costs of litigation.

This order be complied with by the Opposite Parties, within 45 days from the date of receipt of its certified copy, failing which the amounts at Sr.No.(i) and (ii) shall carry interest @12% per annum from the date of this order till actual payment besides payment of litigation costs.

6.           Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

05/06/2015

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER

 

Sd/-

(PRITI MALHOTRA)

MEMBER