DISTRICT CONSUMER DISPUTES REDRESSAL FORUM II
Udyog Sadan C 22 & 23 Qutub Institutional Area
(Behind Qutub Hotel) New Delhi 110016
Case No.256/2016
1. Sh. Raseel Thakur (66 years old)
2. Smt. Beena Thakur
Both R/o
2382 Sector 67 Mohali (Punjab) ….Complainants
Versus
1. M/s Unitech Limited
Regional Office
189 91 Sector 17C
Chandigarh
2. M/s Unitech Limited (dropped)
136 2nd Floor Phase I
Gurgaon (Haryana)
3. M/s Unitech Limited
6 Community Centre
New Delhi 110017 ….Opposite Parties
Date of Institution : 05.08.2016 Date of Order : 14.09.2017
Coram:
Sh. N.K. Goel President
Ms. Naina Bakshi Member
ORDER
According to the complainants they had deposited Rs.10 lacs on interest with the OPs on 12.02.13 in the name of complainant No.1 ( Rs. 5 lac FDR No.1209451) and complainant No.2 (Rs. 5 lac FDR No.11213484) for three years. These FDRS were matured on 12.02.16 and they got endorsed original FDRS on 28.01.16 in Saket Office of the OPs but the OPs neither released the FDR nor replied for delay. They have enquired personally but no proper reply was given. These deposits were given keeping in view the personal future needs but the OPs did not care for their commitments and also acted contrary to law under section 73 of the Companies Act and the provisions of the Acceptance of Public Deposit Rules 1975 as well to deposit a sum which shall not be less than 15% of the deposits maturing during a financial year. The OPs have not refunded the amount alongwith interest with malafide intention which has caused unnecessary harassment mental tension and non performance of promised services which amounts to unfair trade practice. Prayer of the complainants is to direct the OPs to pay the following amounts under different heads:
i. Unnecessary harassment and
mental tension Rs.0.30 lac
ii. Unnecessary litigation Rs.0.20 lac
iii. Unfair trade practices and deficiency
in promised service Rs.0.30 lac
iv. Promised interest and penal interest Rs.6.00 lac
v. Travelling charges (Mohali to New Delhi) Rs.0.20 lac
Rs.7.00 lacs
Thus the total claim is worked out to be Rs.17.00 lacs
OP 1 and OP 3 have been proceeded exparte and OP 2 has been dropped vide order dated 19.01.2017.
Complainant No.1 has filed his own affidavit in evidence alongwith photocopies of two FDRs.
Averments made in the complaint and evidence lead by the complainant have remained uncontroverted and unchallenged. Hence there is no reason to disbelieve the version of the complainant.
There is nothing on the record to show that the OPs have paid the amount of the FDRs or any of the FDRs alongwith interest to the complainants. As per the FDRs the OPs are liable to pay interest @ 12.50% per annum. There we hold the OPs guilty of deficiency in service and accordingly we allow the complaint. The OPs are jointly and severally directed to make the payment of Rs.10 00 000/ alongwith interest @ 12.50% per annum from the date of their maturity till realization and Rs.20 000/ towards mental agony and harassment undergone by the Complainants within 30 days from the date of receipt of copy of this order failing which the OPs shall become jointly and severally liable to pay the above stated amount of Rs.10 00 000/ alongwith interest @ 18% p.a. from the date of maturity of FDRs till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 14.09.17.
