CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No. 209/2016
Sh. Raja Ram (Senior Citizen
R/o 124/1, Street No.4, Lane No.9, 70+ years old)
Rajender Nagar,
Dehradun, Uttrakhand-248001 ……Complainant
Versus
Unitech Limited
through its MD/AR
Basement 6, Community Centre
Saket, New Delhi-110007 ……Opposite Party
Date of Institution : 20.07.2016 Date of Order : 28.10.2017
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
According to the complainant, he had invested a total sum of Rs.2,00,000/- and Rs.32,000/- in two fixed deposits with the OP on 04.10.13 & 08.10.13 respectively for a period of one year each vide FDR No.1241046 & FDR No.1242589 @ 11.5% interest and the maturity amount was Rs.2,24,252/- and Rs.35880/- respectively. Both the FDRs matured in the year 2014. It is submitted that the OP issued only interest amount of Rs.24252/- on account of FDR No.1241046 on 04.10.14 and issued interest of Rs.3880/- on account of FDR No.1242589 on 08.10.14 instead of whole amount of both the FDRs. The OP issued the interest only for one year i.e. 2013-14. The complainant visited several times in the office of the OP regarding refund of the invested amount of both the FDRs but the OP did not take any action in this behalf. The complainant sent a letter dated 24.11.15 to the OP but no reply was received till date. The complainant sent a complaint to the Assistant Registrar of Companies, NCT of Delhi & Haryana who sent a reply dated 17.02.15 and as per their direction he again sent a letter dated 06.03.15 to the OP. The complainant also sent letters dated 30.04.15 and 31.04.15 to the Branch Officer/concerned office of the Company Law Board, New Delhi regarding objection against the public notice dated 13.02.15 of the OP but to no response. Hence, pleading deficiency in service on the part of the OP, the complainant has filed the present complaint for issuing the following directions to the OP:-
- to refund the entire invested amount with interest totalling to Rs.2,90,668/- to the complainant,
- to pay Rs.1,70,000/- to the complainant as compensation for causing mental torture, pain and agony,
- to pay Rs.30,000/- to the complainant as litigation charges.
OP has been proceeded exparte on 2911.16
Complainant has filed his own affidavit in exparte evidence alongwith photocopies of two FDRs as Annexure -2 & 3.
Averments made in the complaint and evidence led 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 OP has paid the amount of the FDRs or any of the FDRs except the interest amount to the complainant i.e. Rs.24252/- and Rs.3880/- for the year 2013-14. As per the FDRs the OP is liable to pay interest @ 11.50% per annum.
Therefore, we hold the OP guilty of deficiency in service and accordingly we allow the complaint. The OP is directed to make the payment of Rs.2,90,668/- (Rs.232000/- towards principal amount + Rs.58668/- towards interest as per the calculation made by the complainant) and Rs.25,000/- as compensation towards mental agony and harassment undergone by the Complainants and litigation charges within 30 days from the date of receipt of copy of this order failing which OP shall become liable to pay interest @ 11.5% on the principal amount of Rs.2,32,000/- from the date of filing of the complaint 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 28.10.17.
