DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.25 of 24-01-2018

Decided on 26-11-2018

Jagdeep Singh aged about 35 years S/o Balwant Singh R/o Dashmesh Nagar, Gali No.7, Rampura Phul, Distt. Bathinda.

........Complainant

Versus

1.Lotus Agricultural and Marketing, Co-operative Society Ltd., Registered Office:- 605 A, Pearl Business Park, D7, Neta Ji Subhash Place Pitampura, New Delhi-110034, through its Authorized Signatory/Managing Director.

2.Lotus Agricultural and Marketing, Co. Operative Society Ltd., SCF 12, Bharat Nagar, Bibi Wala Road, Bathinda. (Deleted)

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986

QUORUM

Sh.Jarnail Singh, Member.

Smt.Sukhwinder Kaur, Member.

Present:-

For the complainant: Sh.Kanwar Ajay Singh Cheema, Advocate.

Opposite party No.1: Ex-parte.

Opposite party No.2: Deleted.

ORDER

Jarnail Singh, Member

1. The complainant Jagdeep Singh (here-in-after referred to as complainant) has filed complaint U/s 12 of Consumer Protection Act, 1986 against opposite parties Lotus Agricultural and Marketing and Other (here-in-after referred to as opposite parties).

2. Briefly stated, the case of the complainant is that he invested a sum of Rs.40,000/- through draft dated 4.5.2013 with opposite parties in the shape of FDR on 4.5.2013 vide receipt No.F000000797. Opposite parties issued one membership bearing INM468000000797.

3. It is alleged that at the time of investing the money, opposite parties assured the complainant that he will be paid Rs.94,200/- after 7 years i.e. on 4.5.2020. The official of opposite parties also took the signature of the complainant on blank and printed papers.

4. It is further alleged that the complainant was in need of money. As per terms and conditions of the agreement, he went to the office of opposite party No.2 in the month of July 2016 and tried to submit it membership/receipt and requested it to surrender his policy and to release an amount of Rs.40,000/- alongwith upto date interest. The official of the opposite parties took the signature of the complainant on some printed and blank paper alongwith application and assured him that amount alongwith upto date interest will be paid to him within 6 months, but nothing has been paid.

5. It is also alleged that the complainant many times approached opposite parties and requested them to refund amount alongwith upto date interest, but they did not listen anything and misbehaved with him and flatly refused to refund amount.

   On this backdrop of facts, the complainant has alleged deficiency in service on the part of opposite parties. Due to act of opposite parties, the complainant has suffered from great mental tension, agony, botheration, harassment and financial loss. For these sufferings, he has claimed compensation to the tune of Rs.30,000/- and cost of litigation to the tune of Rs.11,000/- in addition to refund an amount of Rs.40,000/- alongwith interest @ 18% per annum. Hence, this complaint.

6. In view of statement suffered by counsel for complainant, name of opposite party No.2 was deleted from the array of opposite parties.

7. Upon notice, none appeared on behalf of opposite party No.1. As such, ex-parte proceedings were taken against it.

8. Complainant was asked to produce evidence.

9. In support of his claim, the complainant has tendered into evidence photocopy of payment receipt, (Ex.C1); his affidavit dated 4.9.2018, (Ex.C2) and closed the evidence.

10. We have heard learned counsel for complainant and gone through the file carefully.

11. Learned counsel for complainant has reiterated his stand as taken in the complaint and detailed above.

12. We have given careful consideration to these submissions.

13. The complainant has deposited a sum of Rs.40,000/- in the shape of FDR on 4.5.2013 with opposite parties. Receipt, (Ex.C1) proves this fact. As per complainant, in the month of July 2016, he went to the office of opposite parties to surrender his policy and also requested them to release an amount of Rs.40,000/- alongwith upto date interest, but nothing has been paid by them. It amounts to deficiency in service on their part. Opposite party No.1 has not come forward before this Forum to contest the complaint of the complainant. The evidence of the complainant is unrebutted and unchallenged. There is no reason to disbelieve his evidence. Therefore, his version be accepted.

14. For the reasons recorded above, the complaint is partly accepted with Rs.5000/- as cost and compensation against opposite party No.1. Opposite party No.1 is directed to refund an amount of Rs.40,000/- with interest @9% per annum from the date of deposit i.e. 4.5.2013 till realization..

15. The compliance of this order be made within 45 days from the date of receipt of copy of this order.

16. The complaint could not be decided within the statutory period due to heavy pendency of cases.

17. Copy of order be sent to the parties concerned free of cost and file be consigned to the record.

    Announced:-

    26-11-2018

     

    (Jarnail Singh)

    Member

     

     

    (Sukhwinder Kaur)

    Member