Delhi

East Delhi

CC/442/2021

DEVENDER KR. JAIN - Complainant(s)

Versus

CHD DEVELOP. - Opp.Party(s)

11 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No. 442/2021

 

	DEVENDER KUMAR JAIN H. No. 5827, Gali No. 3, Subhash Mohhala, Gandhi Nagar, Delhi-110031	….Complainant
Versus
	CHD DEVELOERS LTD. 201, Radha Chambers, Plot No. 19-20 G Block Community Centre, Vikas Puri, New Delhi-110018 Also At:- 702, Tower A, Emaar Digital Greens, Sector-61, Golf Course Extention Road Gurugram-1220011	……OP

 

Date of Institution: 29.10.2021

Judgment Reserved on: 15.12.2022

Judgment Passed on: 11.01.2023

                  

QUORUM:

Sh. S.S. Malhotra (President) 

Ms. Rashmi Bansal (Member)

Sh. Ravi Kumar (Member)

 

Order By: Sh. S.S. Malhotra  (President)

 

 

 

JUDGEMENT

The present complaint is filed by the complainant against OP, w.r.t. deficiency in service in not refunding of the amount of Rs. 6,01,709/- deposited with OP along with compensation for causing mental agony, harassment and suffering, on the part of the OP.

1. It is the case of the complaint that he has deposited his money in the following description with OP  for a period of 12 months upon interest at the rate of 12%, to be returned to the complainant  upon maturity:-

S. No.	Amount deposited	Receipt no./ date	Rate of interest	Date of commencement of the interest	Date of cessation of the interest	Amount on maturity in Rs.
	1,10,000/-	35620 30.11.2018	12%		14.11.2019	1,23,948/-
	1,00,000/-	35157 21.02.2019	12%		21.02.2020	1,12,680/-
	1,17,400/-	37060 31.07.2019	12%		08.08.2020	1,96,063/-
	1,50,000/-	36453 31.03.2019	12%		02.03.2020	1,69,020/-

 

2. The above stated receipts have been filed by complainant as Annexure-1, Annexure-2, Annexure-3, Annexure-4 respectively. The complainant stated that above stated deposits were fixed for 12 months with the rate of interest 12% @ p.a. and all the deposits have matured on their respective dates. Upon maturity of the deposits, the complainant approached the OP for repayment of the matured amount but OP did not pay the matured amount till date despite several attempts. It is further stated that he is a blind person, and has suffered immensely due to non-professional attitude and negligence in services on the part of OP. Complainant alleges deficiency of service for non payment of the maturity amount of his deposits with him and unfair-trade practice on the part of OP, which acts have caused mental agony, harassment, physical and mental sufferings to him.
3. The OP1 was ordered to be served and was served at his Vikas Puri address, but since none appeared for OP, it has been proceeded Ex-parte vide Order dated 23/05/2022. The complainant has filed his Ex-parte evidence. 
4. The Commission has gone through the documents on record and perused the file. Since OP chose not to appear, we don’t have opportunity to hear the other side facts story, and all the averments made in the complaint are deemed to be admitted as against OP.   
5. The perusal of the record shows that complainant has deposited above stated amount with OP, total amounting to Rs. 6,01,711/-, matured on respective dates.
6. In the absence of any denial or rebuttal by OP, the Complainant’s case regarding deficiency in service stands proved. The OP is deficient in his services by not refunding the amount deposited with him to the complainant from the date of maturity i.e. 14/11/2019, 21/02/2020, 08/08/2020, 02/03/2020 respectively and this Commission is of the view that complainant is entitled for the refund of maturity amount from its respective maturity dates with interest of 12% p.a. i.e.

1. 1,23,948/- to be returned with interest @12% w.e.f 14/11/2019.
2. 1,12,680/- to be returned with interest @12% w.e.f. 21/02/2020.
3. 1,96,063/- to be returned with interest @12% w.e.f. 08/08/2020.
4. 1,69,020/- to be returned with interest @ 12% w.e.f. 02/03/2020.

In addition to this, a compensation of Rs. 25,000/- towards sufferings, mental agony and harassment caused by OP and litigation cost is also awarded to the complainant.

The above stated amount be paid to the complainant within 30 days from the passing of this order failing which the OP shall liable to pay the entire amount along with 12% p.a. till actual realisation by the complainant.

1. The file by consigned to record room after uploading the order on website.
2. The copy of the order be given/sent to the parties as per rules of CPA, 2019.
3. File be consigned to Record Room.