ALPIC FINANCE LTD Vs. BALBIR KAUR

JUDGEMENT

(1.) The appellant feels aggrieved against an ex parte order passed on 8.1.2003 by the District Consumer Disputes Redressal Forum-II [for short hereinafter referred to as the District Forum] and Complaint Case No.817 of 2002 filed by the respondent Smt. Balbir Kaur Arneja wife of Sh. Inderdeep Singh r/o House No.3403, Sector 37-D, Chandigarh.

(2.) Notices had been issued regarding the complaint case filed by the respondent/complainant wherein she sought payment of the maturity amount of the investments made in the 10 bonds of Rs.1,000/- each vide her Application No.20002794 dated 14.12.1999 through O. P. No.3 - Chandigarh Branch of Alpic Finance Limited. These bonds were to carry interest @ 13.5% per annum under cumulative scheme and the investments made in the bonds were to be matured on 14.12.2000. The receipt dated 28.12.1999 was issued by the appellant in favour of the respondent/complainant and the allotment advice of the appellants was dated 2.8.2000. It was alleged by the complainant that vide her application No.20002793 dated 16.12.1999, the respondent/complainant again applied to the appellants for 10 bonds of Rs.1,000/- each through the Chandigarh office of O. P. No.3 and the receipt of this amount was issued by the O. Ps. on 29.12.1999. The bonds were allotted vide advice of O. P. dated 2.8.2000. In all, the total investment made by the respondent/complainant was of 20 bonds of Rs.1,000/- each and the total value of Rs.20,000/-. The complainant surrendered these bonds for redemption to the appellants which were duly discharged but the redemption money was not paid to her which amounted to deficiency in service. The respondent/complainant prayed for interest @ 13.5% per annum from the date of investment till maturity and 18% interest from the date of maturity till final payment. Further a sum of Rs.3,000/- was claimed for mental harassment and non-utilization of the investment amount. Rs.2,500/- was claimed as costs of litigation.

(3.) Notices were duly served on the appellants in respect of the complaint case but they did not appear to contest the case and were proceeded ex parte. The complainant relied on her affidavit and filed as Annexures I and II the receipts of payments and allotment advices as Annexures III and IV. The complainant also served a legal notice dated 14.3.2002 (Copy Annexure V) and obtained a certificate (Copy Annexure VI) from Senior Superintendent of Post Offices, Chandigarh certifying that the registered notice addressed by the complainant to the O. Ps. was delivered to the addressee. Relying on the ex parte evidence , the District Forum allowed the complaint and directed the appellants to pay Rs.20,000/- to the complainant with interest @ 9% per annum from the date of maturity till payment and also awarded Rs.500/- as costs of litigation.