BAJAJ CAPITAL LIMITED Vs. SUNITA TAK

JUDGEMENT

(1.) This Revision Petition has been filed by the Petitioner/ Opposite Party No. 2 against Respondents /Complainants and Opposite Parties Nos. 1 and 3 challenging the impugned Order dtd. 9/1/2017 passed by the Consumer Disputes Redressal Commission, Jaipur, Rajasthan, in First Appeal bearing No. 890 of 2016. Vide such order, the State Commission dismissed the Appeal at the stage of admission while upholding the Order dtd. 30/3/2016 passed by the District Consumer Protection Forum, Ajmer, in Complaint No. 19/2015.

(2.) The brief facts of the case are that the Complainants had invested Rs.5,50,000.00 with the Opposite Party No.1 through Opposite Party No. 2 in a Fixed Deposit Scheme of 36 months under Cumulative of Fixed Deposit Scheme (B) of the Opposite Party No.1 vide receipt No. 5413 to 5417 on 3/6/2011 and receipt No. 10641 to 10642 on 11/8/2011. The payment of 5 FDRs matured on 2/6/2014 amounting to Rs.4,27,000.00 and payment of 2 FDRs matured on 10/8/2014 amounting to Rs.3,56,440.00. The Complainant approached the Opposite Party No. 2 several times for payment of maturity amounts. However, the employees of the Opposite Party No.2 did not give any satisfactory reply and kept lingering the matter. Consequently, the Complainants raised their complaints by Emails with the Opposite Parties No. 1 and 2. The Complainants also informed the Opposite Party No.3 about the conduct of the Opposite Party No.1. However, no proceedings were initiated by them. The Complainants also served a Legal Notice dtd. 30/9/2014. Thereafter, the Complaint was filed before the District Forum alleging deficiency in service and unfair trade practice by the Opposite Parties in not making payment to the Complainants on time and seeking payment of Rs.4,27,728.00 along with interest @18% p.a. from 2/6/2014, and for payment of Rs.3,56,440.00 along with interest @18% p.a. from 10/8/2014; apart from Rs.2,00,000.00 for mental agony and Rs.10,000.00 as cost of notice and suit.

(3.) The Ld. District Forum in its order dtd. 30/3/2016 noted that the Opposite Parties neither appeared before the Forum nor replied to the Complaint. Consequently, they were proceeded against Ex-parte on 17/3/2015.