Haryana

Ambala

CC/95/2023

PRITAM SINGH - Complainant(s)

Versus

THE NATIONALIZED BANK EMPLOYESS & OTHER PUBLIC CO-OPERATIVE & C SOCIETY LTD - Opp.Party(s)

MUNISH BAKSHI,ADV

18 Dec 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	88 of 2023
Date of Institution	:	01.03.2023
Date of decision	:	18.12.2024

 

1. Baljit Singh aged 69 years son of Shri Harnam Singh resident of House No.206, Village Tamnauli P.O. Nahoni Tehsil Mullana District Ambala.
2. Nirmal Kaur aged 72 years wife of Shri Baljit Singh resident of House No.206, Village Tamnauli Tehsil Mullana District Ambala.

                                                                                  ……. Complainants

                                                Versus

1. The Nationalized Bank Employees And Other Public Co-Operative T&C Society Ltd. (Reg. No.13-N) Naraingarh (Ambala) through its President situated near SBI Bank Nahan Road Naraingarh, Distt. Ambala.
2.  Kuldeep Kumar S/o Sh. Krishan Lal (President since 2003 to till date of defendant no.1) R/o Vill. Dera Kharwan Tehsil Jagadhari, Distt. Yamunanagar and presently lying confined in Central Jail Ambala, in case FIR No.43 dated 11.02.2020 U/S 406, 420, IPC and the service may be effected through Superintendent of Central Jail, Ambala.
3.  Sunil Kumar Diwan S/o Balbir Dev (Secretary since 15.02.1989 to 2003 of defendant no.1), (Vice President since 2012 upto now of defendant no.1) R/o H. No.759 Sector 17 HUDA Jagadhari Distt. Yamunanagar-135001 and presently lying confined in Central Jail Ambala in FIR No.43 dated 11.02.2020 PS Naraingarh U/S 406, 420 IPC and the service may be effected through Superintendent of Central Jail Ambala.
4. Rasal Chand Bodhi S/o Molu Ram (President 1989 to 2003 of defendant no. 1) (Cashier since 2003 up to now of defendant no.1) R/o H. No. 849, Sector 17 HUDA Jagadhari Distt. Yamunanagar and presently confined in Central Jail, Ambala in FIR No.43 dated 11.02.2020 PS Naraingarh U/s 406, 420 IPC etc and service may be effected through Superintendent, Central Jail Ambala.
5. Vinod Kumar Sharma (1989 to 2003 Vice President of defendant no.1) (Executive member since 2003 up to now of defendant no.1) S/o Sh. Krishan Lal Sharma R/o H. No.92-B, Professor Colony Near Gabha Hospital Yamunanagar and presently lying confined in Central Jail Ambala in FIR No.43 dated 11.02.2020 PS Naraingarh U/s 406, 420 IPC etc. and service may be effected through Superintendent, Central Jail, Ambala.
6. Amit Kumar (Secretary since 2003 to 2007 of defendant no.1) (2007 to 2012 and till now Executive member of defendant no.1) son of Sh. Brij Bhushan R/o H. No.U-67, Professor Colony, Near Gabha Hospital Yamunanagar.
7. Randhir Singh S/o Matu Ram (Accountant 2009 to till now of defendant no. 1) R/o VPO Ambli, Tehsil Naraingarh, Distt. Ambala and presently confined in Central Jail Ambala in FIR No.43 dated 11.02.2020 PS Naraingarh U/s 406, 420 IPC and service may be effected through Superintendent, Central Jail, Ambala.
8. Som Nath son of Sh. Chet Ram (Executive Member) R/o Nahan Road Naraingarh, near Monta Shuttering Store/Gautam Restaurant, ward No. 6 Naraingarh, Tehsil Naraingarh, Distt. Ambala. (98131 06889).

….…. Opposite Parties.

………………………………………………………………………………….

 

Complaint case no.	:	95 of 2023
Date of Institution	:	01.03.2023
Date of decision	:	18.12.2024

1.       Pritam Singh aged 66 years son of Shri Sadhu Singh resident of Village   Tamnauli P.O. Nahoni Tehsil Mullana District Ambala

2.       Surjeet Kaur aged 69 years wife of Shri Pritam Singh resident of Village Tamnauli P.O. Nahoni Tehsil Mullana District Ambala.

3.       Birender Singh alias Varender Singh (minor) aged 11 years through his   father natural guardian next friend Sukhwinder Singh and Sukhwinder Singh son of Pritam Singh aged 39 years resident of Village Tamnauli   P.O. Nahoni Tehsil Mullana District Ambala.

                                                                                  ……. Complainants

                                                Versus

1        The Nationalized Bank Employees And Other Public Co-Operative T&C Society Ltd. (Reg. No.13-N) Naraingarh (Ambala) through its President  situated near SBI Bank Nahan Road Naraingarh, Distt. Ambala.

2.  

2.       Kuldeep Kumar S/o Sh. Krishan Lal (President since 2003 to till date of    defendant no.1) R/o Vill. Dera Kharwan Tehsil Jagadhari, Distt.  Yamunanagar and presently lying confined in Central Jail, Ambala in  case  FIR No.43 dated 11.02.2020 U/S 406, 420, IPC and the service may   be effected through Superintendent of Central Jail Ambala.

3.       Sunil Kumar Diwan S/o Balbir Dev (Secretary since 15.02.1989 to 2003  of defendant no.1), (Vice President since 2012 upto now of defendant no.1) R/o H. No.759 Sector 17 HUDA Jagadhari Distt. Yamunanagar-  135001 and presently lying confined in Central Jail Ambala in FIR No.43    dated 11.02.2020 PS Naraingarh U/S 406, 420 IPC and the service may   be effected through Superintendent of Central Jail, Ambala.

4.       Rasal Chand Bodhi S/o Molu Ram (President 1989 to 2003 of defendant          no. 1) (Cashier since 2003 up to now of defendant no.1) R/o H. No. 849, Sector 17 HUDA Jagadhari Distt. Yamunanagar and presently confined        in Central Jail, Ambala in FIR No.43 dated 11.02.2020 PS Naraingarh      U/s 406, 420 IPC etc and service may be effected through           Superintendent, Central Jail Ambala.

5.       Vinod Kumar Sharma (1989 to 2003 Vice President of defendant no.1)   (Executive member since 2003 up to now of defendant no.1) S/o Sh.      Krishan Lal Sharma R/o H. No.92-B, Professor Colony Near Gabha    Hospital Yamunanagar and presently lying confined in Central Jail       Ambala in FIR No.43 dated 11.02.2020 PS Naraingarh U/s 406, 420 IPC           etc. and service may be effected through Superintendent, Central Jail,      Ambala.

6. Amit Kumar (Secretary since 2003 to 2007 of defendant no.1) (2007 to 2012 and till now Executive member of defendant no.1) son of Sh. Brij Bhushan R/o H. No.U-67, Professor Colony, Near Gabha Hospital Yamunanagar.
7. Randhir Singh S/o Matu Ram (Accountant 2009 to till now of defendant no. 1) R/o VPO Ambli, Tehsil Naraingarh, Distt. Ambala and presently confined in Central Jail Ambala in FIR No.43 dated 11.02.2020 PS Naraingarh U/s 406, 420 IPC and service may be effected through Superintendent, Central Jail, Ambala.
8. Som Nath son of Sh. Chet Ram (Executive Member) R/o Nahan Road Naraingarh, near Monta Shuttering Store/Gautam Restaurant, ward No. 6 Naraingarh, Tehsil Naraingarh, Distt. Ambala. (98131 06889).​

….…. Opposite Parties.

…………………………………………………………………………………

 Before:        Smt. Neena Sandhu, President.

                       Smt. Ruby Sharma, Member,

           Shri- Vinod Kumar Sharma, Member.           

 

Present:       Shri Munish Bakshi, Advocate, counsel for the complainants

                     OPs No.1 to 5, 7 and 8 already ex parte.

                    OP No.6 in person.

 

Order:        Smt. Neena Sandhu, President.

                   By this order, we propose to dispose of the aforesaid two  consumer complaints. Since, the issues involved in the above complaints except minor variations here and there of law and fact are the same, wherein the respective complainants have sought directions to the OPs to refund their maturity amounts(s), flown out of after maturing of their respective FDRs alongwith compensation for mental agony and harassment and also litigation expenses, therefore, we are of the opinion that these complaints can be disposed of, by passing a consolidated order.

2.            The facts are being culled out from CC No.88 of 2023 titled as Baljit Singh and another Versus The Nationalized Bank Employees And Other Public Co-Operative T&C Society Ltd. and others. The complainants have filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To pay/refund the maturity amount of the FDRs i.e. Rs. 10,86,621/- alongwith interest  from the date of maturity till its realization.
2. To pay Rs. 1,00,000/- as general and special damages.
3. To pay Rs. 1,00,000/- for harassment and mental agony.
4. To pay Rs. 55,000/-, as cost of litigation.
   382.                                                

Grant any other relief which this Hon’ble Commission may deems fit.

Brief facts of this case are that OP No.1 is running its work under the name & style of The Nationalized Bank Employees and other public co operatives T& C Society Ltd at Naraingarh through OPs No.2 to 8 and its registration number is 13(N). OP No.1 through its officials i.e. OPs No.2 to 8 had contacted complainant no.1 and offered to invest funds in their society with a promise they will provide better services and higher rate of interest and that whenever complainant no.1 needs his funds, it can be withdrawn before or on maturity. Having faith upon the above said promise of the OPs the complainants had deposited their savings in the form of FDRs with the OPs.

3.           Kuldeep Kumar has signed the FDRs as President of the above said society -OP No.1 and Rasal Chand as member/cashier of the said society in the presence of complainants and Randir Singh, signed all the renewals and put the renewal stamp on the back of FDRs time to time. After the maturity date of the above said FDRs, the complainants had visited the office of the OPs for a number of times to get the maturity amount but the OPs always delayed the payment on one pretext or the other and told the complainants that the above said FDRs are automatically renewed after the maturity date and the interest amount is accumulating/payable on the maturity amount and as such no need to worry.  It is further stated that Sunil Kumar Diwan, Rasal Chand and Vinod Sharma,  Kuldeep and Randhir were arrested by the police in the different FIRs lodged by the investors and still are confined in Central Jail, Ambala. Rasal Chand and Sunil Diwan were arrested in August 2020 in FIR No. 43 dated 11.02.2020 and Randhir was arrested in September 2020 and Vinod and Kuldeep were arrested in December 2020 and are still confined in Central Jail Ambala also under FIR No.8 dated 04.01.2021 and also FIR No. 255 dated 13.07.2021. The complainants requested sons of Sunil Kumar Diwan and Rasal Chand to return the above said amount but to no avail.  Complainants also requested Sunil Kumar Diwan, Vinod Sharma, Rasal Chand, Kuldeep and Randhir when they were produced in the Court at Naraingarh, to pay the maturity amount of the FDRs then they assured that they will pay the maturity amount alongwith interest.  Ultimately, Sunil Diwan, Kuldeep, Rasal and Randhir refused to refund the amount invested in the FDRs and also the interest etc. accrued thereupon.  The complainants have came to know that there are number of persons, who have deposited their hard earned money with the  OP No.1 vide different FDRs and the OPs are not refunding their money also. FIR has been lodged against the OPs. The intention of the OPs were dishonest from the very beginning, as they have sold their office also. By not paying the maturity amount of the abovesaid FDRs to the complainants, the OPs have committed deficiency in providing servicer.  Hence the present complaint.
4.           Upon notice, none appeared on behalf of the OPs No.1 to 5, 7 & 8 before this Commission, therefore, they were proceeded against ex-parte vide order dated 12.06.2023.
5.           Upon notice, OP No.6 appeared and filed written version  and raised preliminary objections with regard to maintainability, no locus standi, estoppal, not come with clean hands and suppressed the true and material facts etc. On merits, it has been stated that OP No.6 never remained member of the Society and it has no concern with the alleged society. OP No.6 is living with his mother’s house which is owned and possessed by his mother by obtaining loan from Chola Mandlam Bank amounting to Rs.12 lacs, which is still outstanding. After obtaining the loan, answering OP requested his uncle Shri Vinod to help him in raising construction over the said plot purchased by his mother. On the request of the answering OP Shri Vinod Sharma, Executive Member of the Soceity, he arranged an amount Rs.1,00,000/- in the shape of loan from the said society. Later on, OP No.6 cleared the said loan in installments and no amount is due against him.  OP No.6 was working as a Lab Attendent in S.D. Modal School, Jagadhri and he remained in the School since 2006 to 2015 on a monthly salary of Rs.4000/- only. In addition to this, answering OP was taking part in Jagran and Kirtan. Now answering OP is running a shop of general merchant, taken on rent.  Answering OP has already made the statement in this regard firstly before the Crime Branch, Ambala and then before State Crime Branch Panchkula. In this way, the answering OP has no concern with the alleged society and even he has not seen the office of the T&C Society. Answering OP never remained member of the said society and has never met the complainants nor he knows the complainants.  Rest of the averments of the complainant were denied by OP No.6 and prayed for dismissal of the present complaint with heavy costs.
6.           Learned counsel for the complainants tendered affidavit of the complainant No.1 as Annexure CA alongwith documents as Annexure C-1 to C-13 and closed the evidence on behalf of the complainants. OP No.6 tendered his affidavit by way of evidence as Annexure OP-6/A alongwith documents as Annexure OP-6/1 to OP No.6/4 and closed the evidence of the OP No.6.
7.           We have heard the learned counsel for the complainants in these complaints & OP No.6 and have carefully gone through the case files.
8.           Learned counsel for the complainants submitted that by not paying the maturity amount of the aforesaid FDRs, the OPs have indulged into unfair trade practice and are also deficient in providing service, for which they need to be penalized. 
9.           OP No.6 has submitted that he never remained member of the Society as alleged by the complainants and it has no concerned with the alleged society. He further submitted that he is living in his mother’s house and the loan raised on the said house has been cleared.  He further submitted that  he was working as a Lab attendant in S.D. Modal School, Jagadhri and he remained in the School since 2006 to 2015 on a monthly salary of Rs.4000/- only and now running a shop of general merchant, taken on rent.  
10.           It is coming out from the record that the complainants in these complaints have invested their money with the OPs in the shape of FDRs which were renewed from time to time but there is nothing on record that after the maturity of the said FDRs, the principal alongwith matured amount has been paid to them.  Details of FDRs of these cases are given hereunder:-

 

In CC No.88 of 2023:-

1.  FDR bearing No. 53318 dated 22.04.2014 of Rs. 45,000/- having maturity date 19.04.2015 and maturity value Rs. 50,400/-, in the name of the complainants, which was renewed up to 19.04.2017 with maturity value of Rs.61,490/-. Further renewed up to 19.04.2018 maturity value Rs. 67,640/-, and renewed up to 19.04.2019 with maturity value of Rs. 74,400/-. Annexure C-1.
2. FDR bearing No. 53287 dated 12.04.2014 w.e.f 20.01.2014 of Rs. 1,40,492/- having maturity date 20.01.2015 and maturity value Rs. 1,57,350/- in the name of the complainants which was renewed up to 20.01.2017 with maturity value of Rs. 1,91,970/- and further renewed up to 20.01.2019 with maturity value of Rs. 2,30,364/- Annexure C-2.
3. FDR bearing No. 51662 dated 15.06.2013 of Rs.1,00,000/-,  having maturity date 15.06.2014 and maturity value Rs. 1,12,000/- in the name of the complainants, which was renewed up to 15.06.2015 with maturity value of Rs. 1,25,440/- and further renewed up to 15.06.2017 with maturity value of Rs. 1,39,240/-, renewed up to 15.06.2018 with maturity value of Rs. 1,53,160/- and renewed up to 15.06.2019 with maturity value of Rs. 1,68,476/- Annexure C-3
4. FDR bearing No. 55168 dated 22.09.2015 of Rs.1,00,000/-,  having maturity date 22.09.2016 and maturity value Rs. 1,12,000/-/- in the name of the complainant No.1, which was renewed up to 22.09.2018 with maturity value of Rs. 1,34,400/- and further renewed up to 22.09.2019 with maturity value of Rs. 1,47,840/- Annexure C-4.
5. FDR bearing No. 41842 dated 30.05.2007 of Rs. 45,000/- having maturity dated 30.05.2014 and maturity value Rs. 90,000/- in the name of the complainant No.1, which was renewed up to 30.05.2015 with maturity value of Rs. 1,00,800/- and further renewed up to 30.05.2017 with maturity value of Rs. 1,22,976/-, renewed up to 30.05.2018 with maturity value Rs. 1,35,270/- and renewed up to 30.05.2019 with maturity value of Rs. 1,48,797/-. Annexure C-5.
6. FDR bearing No. 58222 dated 13.12.2018 of Rs. 1,00,000/-  having maturity date 13.12.2019 and maturity value Rs. 1,10,000/-/- in the name of the complainant No.1. Annexure C-6.
7. FDR bearing No. 52719 dated 28.12.2013 of Rs. 50,000/- having maturity date 28.12.2014 and maturity value Rs. 56,000/- in the name of the complainants, which was renewed up to 28.12.2015 with maturity value of Rs. 62,720/- and further renewed up to 28.12.2016 with maturity value of Rs. 69,620/-, renewed up to 28.12.2018 with maturity value Rs. 83,544/-. Annexure C-7.
8. FDR bearing No. 56295 dated 23.09.2016 of Rs. 1,00,000/-, having maturity dated 23.09.2017 and maturity value Rs. 1,12,000/- in the name of the complainant No.1 which was renewed up to 23.09.2018 with maturity value of Rs. 1,23,200/-. Annexure C-8.

In CC No.95 of 2023:-

1. FDR bearing No. 52447 dated 11.11.2013 of Rs. 5,90,000/- having maturity date 11.11.2014 and maturity value Rs. 6,60,800/- in the name of complainants No.1 and 2, which was renewed up to 11.11.2015 with maturity value of Rs.7,40,096/-. Further renewed up to 11.11.2016 maturity value Rs. 8,21,506, and renewed up to 11.11.2017 with maturity value of Rs. 911870/-, renewed up to 11.11.2018 with maturity value of Rs. 1012175/-, renewed up to 11.11.2019 with maturity value of Rs.11,13,390/-. Annexure C-1.
2. FDR bearing No. 55480 dated 16.12.2015 of Rs. 3,80,000/-,  having maturity date 16.12.2016 and maturity value Rs. 4,21,800/-/- in the name of complainants No.1 and 2, which was renewed up to 16.12.2017 with maturity value of Rs. 4,68,198/-, renewed up to 16.12.2018 with maturity value of Rs. 5,15,020/-, renewed up to 16.12.2019 with maturity value of Rs. 5,66,520/-. Annexure C-2
3. FDR bearing No. 55867 dated 30.04.2016 of Rs. 1,00,000/-, having maturity date 31.10.2016 and maturity value Rs. 1,04,500/- in the name of complainant No.2 which was renewed up to 31.10.2017 with maturity value of Rs. 1,15,995/-/-,, renewed up to 31.10.2018 with maturity value of Rs. 1,27,590/-, renewed up to 31.10.2019 with maturity value of Rs. 1,40,350/-. Annexure C3.
4. FDR bearing No.58441 dated 07.04.2019 of Rs.1,05,000/-, having maturity dated 07.04.2020 and maturity value Rs. 1,15,500/- in the name of complainant No.3,Annexure C-4.  (Total Rs.19,35,760/-)

 

11.           As per the version of the complainants, which is supported by their affidavits, the aforesaid amounts of the FDRs due, have not been paid by the OPs and all efforts to recover the said amounts has gone in the air.  As stated above, notice of this complaint was sent to OPs No.1 to 5, 7 and 8,  including OP No.6, seeking their version of the cases filed by the complainants, yet, when nobody appeared on their  behalf, they were proceeded ex parte. Their non-appearance further shows that they have nothing to say in their defence against the allegations made by the complainants in these complaints. Therefore, the assertions of the complainants made in their complaints went unrebutted & uncontroverted.  However, at the same time, OP No.6 has been able to prove by placing on record a certificate of S.D. Model School, Jagadhri, Haryana that he was working as Lab Attendant therein for the period from 2006 to February 2015. As such, we of the considered opinion that except OP No.6, all the remaining OPs i.e. OPs No.1 to 5, 7 and 8 are deficient in providing service and negligent in not making payment of maturity of FDRs amount to the respective complainants.  .
12.           In view of the aforesaid discussion, we hereby dismiss the present complaint against OP No.6 and allow the same against OPs No.1 to 5, 7 and 8. The OPs No.1 to 5, 7 and 8, jointly and severally, are directed as under:-

In consumer complaint bearing no.88 of 2023:- :-

1. To pay to the complainants maturity amounts in respect of all the FDRs as detailed in chart above i.e. totaling Rs.10,86,621/- alongwith interest @6% p.a. from the respective dates of maturity, onwards.
2. To pay Rs.5000/-, as compensation for the mental agony and physical harassment suffered by the complainants.
3. To pay Rs.3,000/-, as litigation expenses.  

                  The OPs No.1 to 5, 7 and 8 are further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order, failing which the OPs No.1 to 5, 7 and 8 shall pay interest @ 8% per annum on the awarded amounts from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules.

In consumer complaint bearing no.95 of 2023:- :-

(i)      To pay to the complainants maturity amounts in respect of   all the FDRs as detailed in chart above i.e. totaling   Rs.19,35,760/- alongwith interest @6% p.a. from the      respective dates of maturity, onwards.

(ii)     To pay Rs.5000/-, as compensation for the mental agony and         physical harassment suffered by the complainants.

(iii)    To pay Rs.3,000/-, as litigation expenses.  

                  The OPs No.1 to 5, 7 and 8 are further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order, failing which the OPs No.1 to 5, 7 and 8 shall pay interest @ 8% per annum on the awarded amounts from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules.

                   Certified copy of this order be placed in the connected file also. File be indexed and consigned to the Record Room.

Announced:- 18.12.2024

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President