Harish Sethi,

390/7, Panchkula



… Complainant.

Versus



1. M/S Morepen Laboratories Ltd.

Registered Office: Morepen Village, Nalagarh Road,

Near Baddi, District Solan, HP.



2. M/S Gill Finance Investment Centre

229, Sector 16-A, Chandigarh.



…Opposite Parties.

Coram



Shri Pritam Singh (District Judge) President.

Mr. Varinder Thakur, Member (Male)

Ms. Aruna Sharma, Member (Female)

…………………………………………………………………………



For the complainant: Mrs. Anju Kohli, Advocate.

For the Opposite Parties: Exparte.



O R D E R:



Pritam Singh (District Judge) President:- This order shall dispose of complaint filed under section 12 of the Consumer Protection Act, 1986. The case of the complainant in brief is that he invested a sum of Rs.15,000/- on 19.06.2002 in FDR through OP No.2 with the OP No.1 for a period of three years and on its maturity on 21.05.2005, he was entitled to get Rs.21,077/- from the OPs. But the OPs despite his repeated visit and request did not refund the maturity amount of Rs.21,077/- to him. Hence, feeling dissatisfied and aggrieved by the act of the OPs, the complainant perforce filed this complaint against the OPs.



2. Notice of this complaint was issued to the OPs. Initially Mr. Gagan Sharma, Advocate appeared on behalf of the OPs and sought time for filing reply. But, later on none appeared on their behalf and as such the complaint was heard exparte.



3. We have heard the learned counsel for the complainant at length and have also thoroughly scanned the entire record of the case.




4. The complainant has relied upon Annexure C-1 copy of deposit receipt dated 19.05.2002 issued by the OPs in favour of the complainant. As per this receipt, the complainant was to get a sum of Rs.21077/- from the OPs on maturity on 21.05.2005. In addition the complainant also filed his affidavit in support of complaint. Therefore, from unrebutted oral and documentary evidence adduced on record by complainant, it stands established that the OPs did not refund maturity amount of Rs.21077/- of FDR to the complainant who are as such guilty of rendering deficient service and indulging in an unfair trade practice.




5. Resultantly, we allow this complaint and direct the OPs No.1 & 2 to jointly & severally refund Rs.21,077/- to the complainant along with interest at the rate of 9% per annum from the date of filing of the complaint, i.e. 24.03.2006, till making full payment of the aforesaid amount. The litigation cost is quantified at Rs.1500/- payable by the OPs to the complainant. This order shall be complied with by the OPs within a period of forty five days after the date of receipt of copy of this order. The learned counsel for the complainant has undertaken to collect the certified copy of this order from the office, free of cost, as per rules, whereas the certified copy of this order shall be sent to the OPs through UPC. The file after due completion, be consigned to record room.