DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

Complaint Case No : CC/128/2022

Date of Institution   : 27.04.2022

Date of Decision    : 29.11.2022

Balkar Singh, aged about 48 years, son of Sh. Kaur Singh resident of Kothi No. 11, Shivam Shakti Vatika Colony, Barnala, Tehsil and District Barnala-148101.

                …Complainant

     Versus

1. Humara India Credit Co-operative Society Limited, Registered Office Mangal Jyoti, 101, 227/2, AJC Bose Road, Kolkata, West Bengal-700020, through its Authorized Signatory/Managing Director.

2. Humara India Credit Co-operative Society Limited, Branch Office SCF-65, Shivalik Vihar, Patiala Road, Zirakpur, Mohali, Punjab, through its Branch Manager.  

           …Opposite Parties 

Complaint Under Section 35 of Consumer Protection Act, 2019.

Present: Sh. Dhiraj Kumar counsel for complainant.

Opposite parties No. 1 & 2 exparte.

Quorum:-

1. Sh. Ashish Kumar Grover : President

2.Smt. Urmila Kumari : Member

3.Sh. Navdeep Kumar Garg : Member

 

(ORDER BY ASHISH KUMAR GROVER, PRESIDENT):

The complainant namely Balkar Singh has filed the present complaint under Consumer Protection Act, 2019 (amended upto date) against Humara India Credit Co-operative Society Limited and others (hereinafter referred as opposite parties).  

2. The facts leading to the present complaint are that the complainant has availed the services of opposite parties. It is alleged that the complainant has invested a total sum of Rs. 12,250/- in cash with the opposite party No. 2 at Zirakpur through FDR for 2 years on 20.7.2018 and it was agreed with the opposite parties and the complainant that the opposite parties will handover a sum of Rs. 15,366/- to the complainant on 20.7.2020 and the opposite parties have issued one FDR in this regard. It is further alleged that the complainant according to the agreement and terms & conditions tried to submit the above said original FDR in the office of opposite party No. 2 for the release of value for the sum of Rs. 15,366/- on 20.7.2020. But the opposite party No. 2 refused to receive the same and has verbally told to the complainant that he will receive the same after some days when the payment will be made to the complainant. After some days the complainant visited the office of opposite party No. 2 for collecting the amount and depositing the above said FDR. It is further alleged that the Manager of the opposite party No. 2 told the complainant that the payment will be made on the next week. Thereafter, the complainant again visited the office of opposite party No. 2 but they linger on the matter on the one pretext or the other. Thus, there is deficiency in service and unfair trade practice on the part of opposite parties. Hence, the present complaint is filed for seeking the following reliefs.- 

i) To make the payment of Rs. 15,366/- as per the agreement alongwith interest.

ii) To pay Rs. 15,000/-  on account of mental agony and physical harassment and Rs. 10,000/- as litigation expenses.     

3. Notice of this complaint was sent to the opposite parties but none appeared on behalf of opposite parties. Therefore, the opposite parties were proceeded against exparte vide order dated 30.6.2022 of this Commission. 

4. In support of his case the complainant tendered into evidence his own affidavit Ex.C-1, copy of certificate Ex.C-2 and closed the evidence. 

5. We have heard the learned counsel for the complainant and have gone through the record on file. 

6. In order to prove his case the complainant has placed on record his detailed affidavit Ex.C-1, in which he reiterated the averments as mentioned in the complaint. He has further placed on record copy of FDR/certificate Ex.C-2, which shows that a total amount of Rs. 12,250/- has been deposited by the complainant with the opposite parties. 

7. Further, the subscription of scheme is not disputed between the parties and complainant deposited the total amount of Rs. 12,250/- with the opposite parties is also not disputed as per Ex.C-2. Moreover, from the perusal of the records it has been proved that the complainant has deposited the total amount of Rs. 12,250/- with the opposite parties as per scheme. Further, in Ex.C-2 it shows that the complainant has deposited the amount of Rs. 12,250/- with the opposite parties vide certificate Ex.C-2 in the said scheme and in this regard 1 certificate has been issued by the opposite parties to the complainant. Further, in Ex.C-2 the maturity amount of deposits on certificate is also shown alongwith maturity date. So, we are of the view that the complainant has successful in proving that he has deposited the total amount of Rs. 12,250/- with the opposite parties in the shape of fixed deposit and the opposite parties are bound to pay the total amount of Rs. 15,366/- as per their certificate Ex.C-2. 

8. On the other hand the case of the complainant is un-rebutted and uncontested as the opposite parties were proceeded against exparte vide order dated 30.6.2022 of this Commission due to non appearance.  

9. As a result of the above discussion, the present complaint is partly allowed and opposite parties are directed to pay the total amount of Rs. 15,366/- to the complainant alongwith interest at the rate of 7%  per annum from the date of its maturity till realization. Further, the opposite parties are also directed to pay Rs. 2,000/- as costs and Rs. 3,000/- as compensation on account of mental agony and harassment to the complainant. Compliance of the order be made within the period of 60 days from the date of the receipt of the copy of this order. Copy of this order be supplied to the parties free of costs. File be consigned to the records after its due compliance.

ANNOUNCED IN THE OPEN COMMISSION:

       29th Day of November, 2022

 

            (Ashish Kumar Grover)

            President 

 

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member