Order by:
Sh.Amrinder Singh Sidhu, President
1. The complainant has filed the instant complaint under section 35 of Consumer Protection Act, 2019 on the allegations that Opposite Party No.1 was running a Finance Co. previously under the name and style of “Grewal Brar Finance Co. (Regd) at Chowk Zira Road, Ist Floor opposite CNI Church Moga and now the opposite parties are running the Finance Co. under the new name & Style of Sahibzada Ajit Singh Jujhar Singh Finance Corporation (Regd) at Chowk Zira Road, Ist Floor opposite CNI Church Moga now at Zira Road Opposite Street no.4, Sodhi Nagar, Moga i.e. opposite party no.2. Further alleges that the complainant has been depositing her hard earned money with the opposite parties as opposite parties have been promising to return the amount deposited with said Finance Companies of opposite party no.1 i.e. opposite party no.2 alongwith interest deposited in the shape of recurring deposits from 12.06.2015 till 10.09.2016. Further alleges that despite repeated demands & requests & representations to opposite parties, they have been keeping on dilly dallying the matter on the one pretext or the other. The complainant had also got issued a legal notice date 22.04.2019 to the opposite party no.1, but with no effect and opposite party no.1 refused to accept the same. Hence ultimately left with no other alternative, the complainant has to file the present complaint. Vide instant complaint, the complainant has sought the following reliefs.
a) Opposite Parties may be directed to pay the amount of Rs.47,500/- deposited by the complainant with opposite parties alongwith interest @12 % per annum.
b) The amount of Rs.50,000/- be allowed to be paid by the opposite parties on account of legal expenses and compensation due to mental tension and harassment to the complainant.
c) And any other relief to which this Hon’ble Consumer Commission, Moga may deem fit be granted in the interest of justice.
2. Firstly, Opposite party no.1 appeared through counsel and contested the complaint by filing the written version taking preliminary objections therein inter alia that complaint is not maintainable; the complainant has got no locus-standi; opposite party no.1 has no concern with opposite party no.2; Grewal Brar Finance Company has already been dissolved on 06.05.2016; Complaint is false, frivolous, baseless, vague and malicious, therefore, in the event of dismissal of the complaint the opposite parties are entitled to special costs as provided under Consumer Protection Act. Further alleges that the said complaint is hopelessly time barred. On merits, it is admitted correct to the extent that opposite party no.1 is 2nd partner in Grewal Brar Finance Company and said firm has already been dissolved. Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint was made.
3. During the proceedings of this complaint Sh.Atamjit Singh s/o Joginder Singh opposite party was died, leaving behind his legal heirs namely i) Manjeet Kaur, widow, ii) Maninderjit Singh, son iii) Amrinder Kaur, daughter and they were allowed to be impleded as legal heirs of Atamjit Singh deceased.
4. After the death of Atamjit Singh, Proprietor of opposite parties, notices were sent to his legal heirs, which were duly served, through affixation, but despite that none has come present on their behalf. So, they were proceeded against exparte.
5. In order to prove his case, the complainant has tendered into evidence her affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C5 and closed her evidence.
6. During the course of arguments, ld. counsel for the complainant mainly reiterated the facts as narrated in the complaint. We have perused the rival contentions of complainant. The main plea raised by the opposite party no.1 in the written is that opposite party no.1 was running Grewal Brar Finance Company and the said firm has already been dissolved. The case of the complainant is that she deposited her hard earned money with Opposite Parties in the shape of recurring deposits from 12.06.2015 to 10.09.2016. The complainant made various requests to the opposite parties to release amount deposited by her in the shape of recurring deposits alongwith agreed rate of interest, but the opposite parties lingered on the matter on one pretext or the other and hence, deficiency is writ large on the part of the opposite parties. To prove her case the complainant has produced on record her duly sworn affidavit Ex.CW1A alongwith copies of documents Ex.C1 to Ex.C5. The evidence produced by the complainant has gone un-rebutted on record as after the death of opposite party/Atamjit Singh his legal heirs, despite due service, did not opt to appear and contest the proceedings.
7. It is not disputed that complainant deposited the amount in question with the opposite parties on different dates as specifically depicted in Ex.C1. On the other hand, in the written reply there is no denial of the fact that complainant has not deposited the said amount with them. More-so even after dissolving the firm its Proprietor, Partners, Directors cannot absolved from their legal liability. Moreover, from the perusal of the records it has been fully proved that the complainant has deposited the amount of Rs.40,000/- with the opposite parties.
8. Resultantly, we partly allow the complaint of the complainant. The Opposite Parties are jointly or severally directed to make the payment of deposited amount i.e. Rs.40,000/- (Rupees Forty thousand only) alongwith interest @ 8% per annum from its respective deposit dates till its actual realization. The compliance of this order be made by the Opposite Parties within 60 days from the date of receipt of copy of this order, failing which the Complainant shall be at liberty to get the order enforced through the indulgence of this Commission. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Reason for delay in deciding the complaint.
9. This complaint could not be decided within the prescribed period because the government has not appointed any of the Whole Time Members in this Commission for about 3 years i.e. w.e.f. 15.09.2018 till 27.08.2021 as well as due to pandemic of COVID-19.
Announced in Open Commission.
