Versus
- Saharayn Universal Multipurpose Society Ltd., through its Authorized signatory/Managing Directors, Regd. office: 195, Zone-1, In Front of D.B. Mall, M.P. Nagar, Bhopal, Madhya Pradesh-462011
- Saharayn Universal Multipurpose Society Ltd., through its Branch Manager, B-1/367, Guru Nanakpura, Opposite Petrol Pump, Near Kailash Cinema Chowk, Civil Lines, Ludhiana-141001. …..Opposite parties
Complaint Under Section 35 of the Consumer Protection Act, 2019.
QUORUM:
SH. SANJEEV BATRA, PRESIDENT
SH. JASWINDER SINGH, MEMBER
MS. MONIKA BHAGAT, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Sh. Parmesh Kumar, Advocate.
For OP1 : None. (Right of OP1 to file written statement already extinguished vide order dated 18.08.2023)
For OP2 : Exparte.
ORDER
PER MONIKA BHAGAT, MEMBER
1. Briefly stated, the facts of the case are that the complainant was approached by opposite party No.1 through its branch office of opposite party No.2 with gorgeous and enticing scheme of their company by alluring that their company is providing high returns under its fixed deposit schemes. Acting upon the words of agents, the complainant opened a fixed deposit of Rs.60,000/- on 31.12.2016 having certificate No.795002124890 under receipt No.34016315747 for a period of 64 months under the plan “Star Two”. The opposite parties assured the complainant that after the maturity of the said deposits, they shall be bound to pay the maturity amount to the complainant. According to the complainant the amount of Rs.60,000/- was deposited by way of fixed deposit on 31.12.2016 has now become more than Rs.1,20,000/-, which the opposite parties are bound to pay him along with interest. On the completion of the maturity period, the complainant approached the opposite parties to release the agreed maturity amount along with interest but initially they kept the matter pending on one pretext and another. The agreed amount along with interest was not disbursed despite complainant’s repeated requests and visits to the office of the opposite parties. The complainant served a legal notice dated 01.07.2022 through registered post but to no avail. Therefore, the complainant filed the present complaint asserting that the act and conduct of the opposite parties amounts to deficiency in service and further prayed for direction to the opposite parties to make the payment of Rs.1,20,000/- along with interest @18% per annum and compensation to the tune of Rs.50,000/- on account of mental agony, harassment and distress. The complainant also claimed Rs.33,000/- as litigation expenses.
2. Upon notice, none appeared on behalf of opposite party No.2 despite service and as such, the opposite parties were proceeded against exparte vide order dated 04.11.2022.
3. Upon notice, Sh. Sandeep Kumar, Advocate appeared and filed power of attorney on behalf of opposite party No.1 but thereafter, failed to file written statement affidavit and documents despite grant of sufficient opportunity and as such, the right of opposite party No.1 to file written statement already extinguished vide order dated 18.08.2023.
4. In evidence, the complainant tendered his affidavit as Ex. CA and reiterated his averments of the complaint. The complainant also placed on record Ex. A1 is copy of certificate No.795002124890, Ex. A2 is the receipt dated 31.12.2016, Ex. A3 is the legal notice dated 01.07.2022, Ex. A4 and Ex. A5 are the postal receipts, Ex. A6 is the copy of Aadhar card of the complainant and closed the evidence.
4. We have heard the counsel for the complainant and also gone through the complaint, affidavit and documents annexed by the complainant.
5. In his affidavit Ex. CA, the complainant has reiterated the entire case as set forth in the complaint. The complainant has further proved on record the copy of certificate Ex. A1 and receipt Ex. A2 issued by the opposite parties at the time the amount of Rs.60,000/- was invested. Though the evidence has gone unrebutted on the file, the certificate Ex. A1 reveal that the complainant deposited Rs.60,000/- on 31.12.2016 with the opposite parties. However, the amount of maturity has not been mentioned on this certificate. It has been claimed that the amount was invested for a period of 64 months. In these circumstances, it would be just and proper if the opposite parties are directed to refund the invested amount of Rs.60,000/- along with interest @8% from 31.12.2016 till date of actual payment along with composite costs of Rs.10,000/-.
6. As a result of above discussion, the complaint is allowed exparte with an order that the opposite parties shall be jointly and severally liable to pay the refund the invested amount of Rs.60,000/- along with interest @8% from 31.12.2016 till date of actual payment. The opposite parties shall further pay a composite compensation of Rs.10,000/- (Rupees Ten Thousand only) to the complainant. Compliance of order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.
(Monika Bhagat) (Jaswinder Singh) (Sanjeev Batra) Member Member President
Announced in Open Commission.
Dated:20.10.2023.
Gobind Ram.
