Haryana

Charkhi Dadri

CC/143/2021

Vikram Mittal - Complainant(s)

Versus

Ashok Kumar, Sector Manager, Sahara India Cooperative Society Ltd - Opp.Party(s)

Sh. G.L. Gupta

27 Feb 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                          Complaint Case No. 143 of 2021

                                                         Date of Institution: 05.07.2021

                                                          Date of Decision: 27.02.2024

 

Vikram Mittal aged ___years son of  Prahlad Rai, resident of Singhan Mohalla, Charkhi Dadri, Tehsil and District Charkhi Dadri.

 

                                                                   ….Complainant.

                                      Versus

1. Ashok Kumar, Sector Manager, Sahara India Cooperative Society Limited, near Rose Garden, above Dr. Goyal Dental Clinic, Charkhi Dadri, Tehsil & District Charkhi Dadri.
2. Humara India Credit Cooperative Society Limited; Regd. Office: Mangal Jyoti, 101,227/2 AJC Bose Road, Kolkata, West Bengal-700020 through its Managing Director/Authorized Signatory.
3. Atik Ahmed, area Manager, SCO-84-A, Second Floor, Sahara India, Phase-5, Sector-58, Mohali (Punjab).
4. Prashant Kumar Verma, Chief General Manager, Sahara India Complex, C-2, C-3, C-4, Sector-11, Noida.

 

                                                                        …....OPs/Respondents. 

 

          COMPLAINT UNDER THE CONSUMER PROTECTION ACT.

 

Before: -      Hon’ble Sh. Manjit Singh Naryal, President

                   Hon’ble  Sh. Dharam Pal Rauhilla, Member.

 

Present:       Sh. G.L. Gupta, Adv. for complainant.

                   OPs exparte.

 

ORDER:-

              

1.               Vikram Mittal (hereinafter referred to as “the complainant”) has filed the present complaint against the opposite parties (hereinafter referred to as “the OPs) with the averments that the complainant got opened an account No. 70466000113 on 21.11.2015 with the OPs under the scheme of HOME POINT of payment of Rs. 3200/-per month for the period of 60 months. The complainant got deposited the amount of Rs. 3200/-per month for 33 months and deposited total amount of Rs. 1,50,600/-till 19.07.2018 and on the date of maturity on 20.11.2020, the complainant was entitled to get Rs. 1,50,600/- alongwith interest upto now from the OPs. But it is averred that despite completion of all the formalities, visits and requests of complainant, the respondents failed to pay the maturity amount to the complainant After that the complainant served a legal notice dated 12.02.2021 through his counsel Sh. Gulzari lal Gupta, Advocate to arrange the requisite payment but all in vain

Hence, by alleging deficiency in service on the part of respondents, the complainant seeks directions against the respondents to pay Rs. 1,50,600/-along with interest, compensation and the litigation expenses besides any other relief which this Commission may found deem fit and proper.

2.                Notice to the OP no. 3 was sent through registered post and as per tracking report, the delivery of notice was found confirmed. But the OP no. 3 has failed to appear before the Commission and ultimately, the OP no. 3 was proceeded against exparte vide order dated 26.08.2022 due to non-appearance before the Commission.

                   Upon notice through registered post, the OP no.1,2&4 failed to appear before the Commission and hence, the OP Nos. 1,2&4 vide order dated 13.03.2023 have been proceeded against exparte due to their non-appearance before the Commission.

3.                In the evidence, the complainant tendered affidavit as Ex. CW-1/A and documents Ex. C-1 to Ex.C-4 and closed the evidence on 05.12.2023.

4.             We have heard the exparte arguments of learned counsel of the complainant and have gone through the entire evidence placed on record by the complainant very carefully and minutely.

                    During the course of arguments, the learned counsel of complainant reiterated the contents of complaint filed by the complainant and drawn the attention of this Commission towards the documents placed on record by the complainant.

5.                We have observed that in the present complaint, the complainant has corroborated the contents of her complaint as true and correct, by filing his affidavit Ex. CW-1/A and has further placed on record document Ex. C-1 relating to A/c bearing No. 70466000113 opened by the complainant under HOME POINT Scheme with the respondents on 21.11.2015 for a term of 60 months for denomination amount of Rs. 3200/- payable per month. Further on perusal of document (placed on record and taken into consideration as Ex.C1) which is a certificate/1^st receipt of Rs. 3200/- issued by the OPs to the complainant Vikram Mittal, shows that the complainant had deposited only Rs. 3200/-on 21.11.2015.  But we have observed that the complainant has not placed on record any other receipt of deposit of amount or any ledger statement issued by the OPs showing deposit of amount by the complainant, if any. So, by taking into consideration the said Recurring deposit documents  Ex. C-1 and taking into consideration the contents of affidavit Ex. CW-1/A filed by complainant, we are of the considered opinion that the complainant had paid Rs. 3200/- only on 21.11.2015 and by not refunding the deposited amount on maturity date of the said scheme to the complainant, the OPs seems to have acted in a deficient and negligent manner towards the complainant in not paying the maturity amount under the terms and conditions of the said scheme, so introduced by them (OPs).

                 So, by taking into consideration the aforesaid observation, we therefore, are of the view that as the OPs have failed to discharge their legal duties as enshrined qua the said scheme in terms of deposited amount of the complainant, we therefore, direct the OPs to pay the said amount of Rs.3200/- of A/c No. 70466000113 (As per receipt No.665005598668) + (any other amount which the complainant deposited with the OPs on production of receipt thereof before OPs) to the complainant along with 9% p.a. rate of interest from the date of completion of the tenure of scheme i.e. 20.11.2020,  till its final payment.

6.          The OPs are also directed to pay a sum of Rs. 3000/-(Rs. Three Thousand Only) on account of mental agony, harassment etc. and litigation of Rs. 3000/-(Three Thousand Only) to the complainant.

7.                 The present complaint stands partially allowed in the manner as indicated above.

8.                The above order be complied within 45 days from the date of receiving the copy of this order.

9.                Certified copies of order be supplied to the parties free of costs.

10.              File be consigned after due compliance.