CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016.

Case No. 272/2016

Sh. Romesh Chander Dhall                                  (Senior Citizen

2081, Sector-D, Pocket-2,                                       81 years old)     

Vasant Kunj, New Delhi-110070                                 ……Complainant    

                                      Versus

1.       M/s Unitech Ltd.

Registered Office,

Basement, 6, Community Centre,

Saket, New Delhi-110017

2.       Mr. Ajay Chandra,

          Managing Director,

          Unitech Ltd. C-41, Mayfair Garden,

          New Delhi-110016                                      ……Opposite Parties

                                                          Date of Institution          :   22.08.2016                    Date of Order        :   31.03.2017

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

O R D E R

In short, the case of the Complainant is that the Complainant and his wife Mrs. Renu Dhall invested in four FDs each, total 8 FDs on Non-cumulative basis as per the details given in Annexure-A for 24 months each. Copies of only six FDRs are filed. The details of the six FDRs filed on the record are as follows:-    

According to the Complainant, when the above original FDs were duly discharged they were personally handed over to the OPs at their registered office at Saket individually 4 to 6 weeks prior to date of maturity but the Complainant alongwith his wife did not receive hard earned money with interest despite requests, reminders, personal visits and even an application dated 28.03.16 was made to the Company Law Board on the ground of hardship, old age and medical ground but no action was taken.  Hence pleading deficiency in service he has filed the present complaint for issuing directions to the OPs to pay the principal amount with interest, suitable compensation and litigation expenses.

 The defence of the OPs has been struck off vide order dated  17.03.17 as despite putting appearance on behalf of the OPs no written statement has been filed. The counsel for the OPs made a statement at the bar on 17.03.17 that he has no instruction from the OPs to appear in the present case.

Complainant has filed his own affidavit in evidence alongwith photocopies of six FDRs. 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 complainant.  As per the FDRs the OPs are liable to pay interest @ 12% per annum. There, we hold the OPs guilt of deficiency in service and accordingly we allow the complaint. The OPs are jointly and severally directed to make the payment of Rs.1,96,000/- ( Rs.49,000 X 4) plus Rs.2,00,000/- (1,00,000 X 2) alongwith interest @ 12% per annum from the date of their maturity till realization and Rs.20,000/- towards mental agony and harassment undergone by Complainant and his wife.

This order shall be complied within 30 days of receipt of copy of this order failing which OP No.1 & 2 shall become jointly and severally liable to pay interest @ Rs.15% per annum on the above said amount from the date of maturity of the six 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 31.03.17