| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II Udyog Sadan, C-22 & 23, Qutub Institutional Area (Behind Qutub Hotel), New Delhi- 110016 Case No.27/2017 Mrs. Avtar Kaur W/o Col. (RTD.) Mr. Daljit Singh Sandhu R/o 900, Phase-4, SAS Nagar, Mohali- 160059 Through SPA ….Complainant Versus M/S Unitech Ltd. Regd. Office At 6, Community Center, Saket, New Delhi- 110017 ….Opposite Party Date of Institution : 23.01.2017 Date of Order : 07.03.2022 Coram: Ms. Monika A Srivastava, President Ms. Kiran Kaushal, Member Sh. U.K. Tyagi, Member ORDER Member: Ms. Kiran Kaushal - On the strength of the complaint filed by the Complainant, it is prayed that OP be directed to refund the amount of Rs.4,00,000/- deposited by the Complainant with OP along with admitted interest @12.25% p.a. Directions to OP are also sought for payment of Rs.15,000/- towards compensation for mental pain and agony and Rs.25,000/- towards legal expenses.
Complaint is filed through the SPA Mr. Daljit Singh Sandhu, who is the husband of the Complainant. - It is Complainant’s case that she had deposited her hard earned money in a fix deposits scheme with M/S Unitech Ltd. (OP). Complainant had deposited Rs.4,00,000/- under the fixed deposits scheme vide deposit receipt
no. 1201845, Account no. 1101768 for the purpose of savings and earnings in future for her personal use and to secure her future. The maturity date of the said FD was 13.12.2014.
- It is stated that OP has paid Rs.48,001/- only as interest vide receipts
dated 01.07.2013, 01.10.2013, 01.01.2014 and 01.04.2014 to the Complainant. The said receipts in original are exhibited as exhibit CW14, CW15, CW16 and CW17.
- It is averred by the Complainant that onmaturity of the said FD, the Complainant approached OP for encashment of the same, upon which, OP asked the Complainant to deposit the original fixed deposit receipt. The same was sent to the OP by the Complainant on 27.11.2014 and OP requested for one month time to process her claim. But when the claim of the Complainant was not processed after one month the Complainant made various calls and also approached OP for encashment of her above stated FD but to no avail.
- As none appeared on behalf of OP to contest the case, OP was proceeded exparte vide order dated 02.08.2017. Exparte evidence and Exparte final arguments have been filed on behalf of the Complainant.
- Averments made by the Complainant have remained unchallenged and uncontroverted; therefore we find no reason to dis-believe the version of the Complainant.
- The original receipts of interest paid by OP to the Complainant prove the fact that the Complainant had deposited Rs.4,00,000/- vide FDR no. 1201845 and received 12% rate of interest on the same. Admittedly, Rs.48,001/- has been paid by OP as interest to the Complainant till 01.04.2014. As per the Complainant the maturity date of the said FD date was 13.12.2014.
- In view of the facts stated above complaint is allowed. It is deemed fit that OP shall refund the amount of Rs.4,00,000/- deposited by the Complainant with OP along with interest @12% p.a. from the date of deposit till realization after deducting the amount of interest that is Rs.48,001/- already paid to the Complainant. OP is also directed to pay Rs.25,000/- as compensation towards mental pain and agony on account of unfair trade practice and deficient service provided to the Complainant.
File be consigned to the record room after giving a copy of the order to the parties as per rules. | |
