Consumer Forum orders DSK Constructions to refund Rs 19.48 lakhs

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Pune : Policenama Online – The Pune district consumer forum has directed DSK Constructions to pay Rs 19.48 lakhs to a woman and her son who had invested Rs 18 lakhs in the company but did not get assured returns.

Kalpana Ralebhat and Atul Ralebhat, both residents of Ghorpade Peth, had filed the complaint on June 6, 2017 and the judgement was delivered on May 20, 2019.

As per the complaint, they had invested total amount of Rs18,10,000 with the company and agreed rate of interest was @ 12% pa. After maturity, the company had issued the cheques of the maturity amount but, some cheques are dishonoured. On enquiry the company told that the days are of recession. Inspite of the request, the company avoided to repay the maturity amount and hence, the mother-son duo filed the complaint before the consumer forum.

The company appeared through advocate but, failed to file written version and hence, the consumer complaint proceeded without written version.

As per the judgement, to substantiate their claim, both the complainants filed supporting affidavits. The bank statement, photocopy of fixed deposit receipt and the letter of request demanding the money dated 20/05/2017 and bounced cheques were also filed on record. On perusal of the record it reveals that initially, the complainants had invested the amount out of which, cheque No.229508 dated 12/05/2017 of Rs.7,00,000/- and cheque No.555976 dated 08/01/2017 of Rs.2,00,000/- has been bounced and the outstanding amount inspite of various requests is not paid.

So, apparently there is ‘deficiency’ in service and ‘unfair trade practice’ has been adopted by the company due to non-payment of the invested amount and the interest accrued thereon. At the same time the entire version of the complainants has gone unchallenged, states the judgement delivered by consumer forum president Anil Khadse, Kshitija Kulkarni and Sangita Deshmukh.

The forum directed the company to pay Rs 18.1 lakhs. Also they have to pay Rs 42,000 and Rs 66,000 by way of interest. The company has to pay Rs 25,000 by way of compensation towards mental and physical agony besides costs of the complaint quantified at Rs 5,000.

The company has to pay all these amounts within 45 days from the date of judgement, failing which, the company shall also be liable to pay to the complainants interest at the rate of 9% p.a., on all the amounts awarded as per foregoing order as from the date of expiry of stipulated period of forty-five days till realization of the amount by the complainants.

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