DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.
Complaint Case No : 608/2016
Date of Institution : 10.08.2016
Date of Decision : 14.06.2017
Nachattar Singh aged about 73 years son of Sh. Maghi Singh resident of Chahal Patti, Village Kishangarh Sedha Singh Wala, Tehsil Budhlada, District Mansa.
…Complainant
Versus
1. Lotus Agricultural and Marketing Co-operative Society Limited, Registered Office 605-A, Pearls Business Park, D-7, Neta Ji Subhash Place, Pitampura, New Delhi-11034 through its Authorized Signatory/ Managing Director.
2. Lotus Agricultural and Marketing Co-operative Society Limited, Superdenti Mohalla, DSP Office Wali Gali, Barnala through its Branch Manager.
…Opposite Parties
Complaint Under Section 12 of Consumer Protection Act, 1986.
Present: Sh. Dhiraj Kumar counsel for complainant
Opposite party No. 1 exparte.
Opposite party No. 2 deleted.
Quorum.-
1. Shri S.K. Goel : President
2. Ms. Vandna Sidhu : Member
3. Shri Tejinder Singh Bhangu : Member
ORDER
(SHRI S.K. GOEL PRESIDENT):
The complainant Nachattar Singh son of Maghi Singh has filed the present complaint against Lotus Agricultural and Marketing Cooperative Society Limited, New Delhi opposite party No. 1 and Lotus Agricultural and Marketing Cooperative Society Limited Barnala opposite party No. 2 under Consumer Protection Act, 1986. (In short the Act).
2. The brief facts of the case are that the complainant invested a total sum of Rs. 2,00,000/- in cash with the opposite parties through FDR on 30.4.2013 and it was agreed that the opposite parties will pay a sum of Rs. 4,71,000/- on 30.4.2020 and in lieu of this the opposite parties issued a membership/receipt bearing registration No. LNM469000001605 and receipt No. F000001605.
3. It is alleged that the complainant was in the need of money and therefore 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 the membership/receipt in the office of opposite party No. 2 and also requested to surrender his policy and to release an amount of Rs. 2,00,000/- alongwith interest. However opposite party No. 2 refused to accept the policy. Therefore the complainant issued a legal notice. It is further alleged that despite visiting the office of opposite party No. 2 many times, the opposite party failed to pay the said amount. Hence the present complaint is filed seeking the following reliefs.-
1) The opposite parties are directed to make the payment as per agreement of Rs. 2,00,000/- alongwith interest.
2) To pay Rs. 5,000/- as compensation and Rs. 3,000/- as litigation expenses.
4. Upon notice of this complaint opposite party No. 1 has not appeared despite service so the opposite party No. 1 was proceeded against exparte. Further, the counsel for the complainant on 14.6.2017 made a statement that the complainant does not want any relief against the opposite party No. 2 so the name of the opposite party No. 2 was deleted from the array of the opposite parties on the same day.
5. In order to prove his case, the complainant has tendered into evidence his own affidavit Ex.C-1, copy of policy cum receipt Ex.C-2, copy of legal notice alongwith postal receipt Ex.C-3 and closed the evidence.
6. We have heard the learned counsel for the complainant and also perused the record on the file.
7. In order to prove his case the complainant has specifically stated in his affidavit Ex.C-1 that he invested a total sum of Rs. 2,00,000/- in cash with the opposite parties through FDR on 30.4.2013 and it was agreed that the opposite parties will hand over an estimated amount of Rs. 4,71,000/- on 30.4.2020 and the opposite parties also issued a nominal membership/receipt No. LNM469000001605 and receipt No. F000001605. The complainant further stated that since he was in need of money therefore he went to the office of opposite party No. 2 and requested to surrender his policy for release of Rs. 2,00,000/- alongwith interest but opposite party No. 2 lingered on the matter on one pretext or the other. Besides his affidavit the complainant has also placed on record copy of receipt Ex.C-2 showing one time deposit of Rs. 2,00,000/- on 30.4.2013 at Barnala office through cash and it was also mentioned that after seven years the estimated amount of Rs. 4,71,000/- will be given. Apart from these the complainant has placed on record the legal notice Ex.C-3 issued to the opposite parties stating the entire case.
8. Both the opposite parties have not appeared before this Forum despite notice and failed to file any written version or led any evidence to deny said deposit. The receipt Ex.C-2 does not show any such condition, which may show that the complainant cannot withdraw the deposited amount before the expiry of seven years. Even, the opposite parties failed to appear and place on record any agreement between the parties to indicate that in case of premature withdrawal the amount can be forfeited.
9. Principles of natural justice and equity also provide that no innocent person should suffer or lose his/her hard earned money from any powerful businessman, builder, real estate company or financial institution. Moreover, it is proved that the complainant has deposited Rs. 2,00,000/- with them and there is nothing on record to indicate that the opposite parties are entitled to forfeit the invested amount before the expiry of seven years.
10. As the evidence produced by the complainant is un-rebutted, therefore the present complaint is accepted to the extent that the opposite party No. 1 is directed to pay Rs. 2,00,000/- (the deposited amount) to the complainant alongwith interest @ 8% per annum from the date of deposit till realization. The opposite party No. 1 is further directed to pay Rs. 2,000/- as compensation and Rs. 1,100/- as litigation expenses. This order shall be complied with within 30 days from the date of the receipt of this order. Copy of this order be supplied to the parties free of costs. The file be consigned to the record.
ANNOUNCED IN THE OPEN FORUM:
14th Day of June 2017
(S.K. Goel)
President
(Vandna Sidhu)
Member
(Tejinder Singh Bhangu)
Member
