Chandigarh

DF-I

CC/401/2017

Smt. Nirmal Wadhwa - Complainant(s)

Versus

Unitech Ltd - Opp.Party(s)

S.M. Wadehra

13 Oct 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

 

 

                               

Consumer Complaint No.	:	CC/401/2017
Date of Institution	:	16/05/2017
Date of Decision	:	13/10/2017

 

Smt. Nirmal Wadhwa, aged 77 years, wife of late Shri Puran Chand Wadhwa, H.No.100, Sector 28-A, Chandigarh.

…..Complainant

V E R S U S

1.     Unitech Limited, through its Managing Director, F.D. Office, 2^nd Floor, Plot No.136, Phase-1, Udyog Vihar, Gurugram (formerly Gurgaon)-122016.

2.     Sanjay Chandra, Managing Director, Unitech Limited, 2^nd Floor, Plot No.136, Phase-1, Udyog Vihar, Gurugram (formerly Gurgaon)-122016.

3.     Manager, Unitech Limited, Fixed Deposit Department, Plot No.136, 2^nd Floor, Phase-I, Udyog Vihar, Gurugram (formerly Gurgaon)-122016.

4.     Regional Manager, Unitech Limited, Regional office, SCO No.189-191, Sector 17, Chandigarh 160017.

…Opposite Parties

 

CORAM :	MRS.SURJEET KAUR	PRESIDING MEMBER
	SURESH KUMAR SARDANA	MEMBER

                                                               

       

ARGUED BY	:	Sh. S.M. Wadhera, Counsel for complainant
	:	OPs ex-parte.

Per Surjeet Kaur, Presiding Member

1.         The facts of the consumer complaint, in brief, are that in October 2010, OP-1 floated a fixed deposit scheme proclaiming that the investors would be paid interest @ 12.5% per annum on fixed deposit amounts.  Accordingly, on 18.10.2010, the complainant invested an amount of Rs.6,00,000/- and the same matured on 15.10.2013. The complainant again invested the amount of Rs.6,00,000/- in the said fixed deposit scheme for three years from 15.10.2013 to 15.10.2016 @ 12.5% interest per annum.  However, OP-1 failed to pay payment of interest amount i.e. Rs.40,625/- for the period from 1.4.2016 to 30.6.2016, 1.7.2016 to 30.9.2016 and from 1.10.2016 to 15.10.2016 as well as the principal amount of Rs.6,00,000/- and the same is lying with the OPs. As per the complainant, the OPs are also liable to pay interest at the agreed rate of 12.5% on the amount of Rs.6,40,625/- from 16.10.2016 to 15.5.2017 i.e. Rs.46,711/-, but, they failed to pay the same despite repeated requests.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OPs, the complainant has filed the instant complaint.
2.         OPs did not appear despite due service, therefore, they were proceeded ex-parte vide order dated 10.7.2017.
3.         The complainant led evidence in support of her contentions. 
4.         We have gone through the record and heard the arguments addressed by the learned Counsel for the complainant.
5.         It is evident from Annexure C-1, the copy of the Fixed Deposit Receipt issued on 20.9.2013 that the complainant deposited Rs.6,00,000/- with the OPs for three years from 15.10.2013 to 15.10.2016 and the agreed rate of interest was 12.50% per annum. As per the complainant, for a time period of three years, the OPs were to pay interest on the principal amount of Rs.6,00,000/- @ 12.5% per annum quarterly alongwith principal amount as maturity amount on the date of maturity i.e. 15.10.2016.  The sole grouse of the complainant is that she was paid interest amount only for a few quarters and thereafter the OPs stopped paying the interest. Despite various efforts made by the complainant, neither the remaining interest nor the due principal amount of Rs.6.00 lakhs has been paid to the complainant till date.  As per the complainant, the interest for three quarters w.e.f. 1.4.2016 to 30.6.2016, 1.7.2016 to 30.9.2016 and 1.10.2016 to 15.10.2016 is still pending to be paid by the OPs which comes to Rs.40,625/-.  Hence the amount of Rs.6,40,625/- is to be paid by the OPs. Alongwith aforesaid amount, the OPs are further liable to pay interest on this amount of Rs.6,40,625/- again at the agreed rate of 12.5% per annum from 16.10.2016 to 15.5.2017.  The complainant has also filed her duly sworn affidavit in support of her case.
6.         The evidence adduced by the complainant has gone unrebutted on record as, despite due service, the OPs chose not to appear and contest the claim of the complainant which also amounts to implied admission of the claim.
7.         The act of the OPs for non-paying the agreed interest, for the alleged quarters, and the principal amount which became due on 16.10.2016 as per the date of maturity, amounts to deficiency in service on the part of OPs which certainly caused physical and mental harassment to the complainant.
8.         In view of the above discussion, the present consumer complaint deserves to succeed and the same is accordingly partly allowed. The OPs are directed as under:-

1. To pay Rs.40,625/- to the complainant being the due interest of the FD for the period from 1.4.2016 to 15.10.2016 on the principal amount of Rs.6,00,000/-;
2. To refund to the complainant the principal amount of the FD i.e. Rs.6,00,000/-;
3. To pay to the complainant interest of Rs.46,711/- payable on Rs.6,40,625/- w.e.f. 16.10.2016 to 15.5.2017;
4. To pay Rs.20,000/- to the complainant as compensation for mental agony and harassment caused to her.
5. To pay to the complainant Rs.7,000/- as costs of litigation.

9.         This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) to (iv) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(v) above.
10.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

 

	Sd/-	Sd/-
13/10/2017	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member