Haryana

Charkhi Dadri

CC/84/2022

Indira Dalal - Complainant(s)

Versus

Authorized Person, Sahara Credit Cooperative Society Ltd. - Opp.Party(s)

Sh. Rupankan Sharma

20 Feb 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                          Complaint Case No. 84 of 2022

                                                         Date of Institution: 1.4.2022

                                                          Date of Decision: 20.2.2023

 

Indira Dalal wife of Sh. Deep Chand Dalal, resident of House No. 190/01, Loharu road, near PNB Bank, Ward No. 16, District Charkhi Dadri (127306).

                                                                                            ….Complainant.

                                                          Versus.

1. Sahara Credit Co-operative Society Limited, Registered office at Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow (Uttar Pradesh)-226024, through its President/Secretary/Authorized Person.
2. Sahara Credit Cooperative Society Limited, Branch Office at Charkhi Dadri, District Charkhi Dadri, through its Branch Manager, Authorized Person.
3. Ashok Kumar, Employee Code No. 26804, Sector Worker, Sahara Credit Cooperative Society Ltd., Branch Office at Charkhi Dadri, District Charkhi Dadri.

…....OPs/Respondents.

                   COMPLAINT UNDER THE

                   CONSUMER PROTECTION ACT.

 

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

                Hon’ble Ms. Shashi Kiran Panwar, Member.

 

Present:      Sh. Parveen Sharma, Adv. for complainant.

                   OPs already exparte.

 

ORDER:-

                MANJIT SINGH NARYAL, PRESIDENT

                  Indira Dalal (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 deposited/invested total amount of Rs. 10,53,408/-and the OPs issued various certificates, as per detail mentioned in para No. 3 of the present complaint. But it is averred that the OPs have failed to pay the maturity amount of said certificates to the complainant despite completion of entire required formalities for payment of maturity amount by the complainant.  Hence, alleging deficiency in service on the part of the OPs, it is prayed by the complainant that the OPs be directed to refund the amount of Rs. 10,53,408/-along with agreed rate of interest, compensation and the litigation expenses besides any other relief which this Commission may found deem fit and proper.

2.                Upon notice, initially, the OPs appeared through their counsel Sh. Manoj Kumar, Adv. but later on, the OPs failed to file any written statement and also failed to appear before the Commission. Hence, their defence to file the written statement was struck off and they were proceeded against exparte vide order dated 16.9.2022 due to non-appearance before the Commission. 

3.                In the exparte evidence, the complainant tendered affidavit Ex. CW-1/A and documents Annexure C-1 to Annexure C-63 and closed the evidence on 20.12.2022.

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.

5.              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.

6.             We have observed that the complainant by filing her affidavit (Ex. CW-1/A), has corroborated the contents of her complaint as true and correct, and drawn the attention of this Commission towards 63 certificates (Annexure C-1 to Annexure C-63) issued by the OPs. The perusal of same shows that the OPs issued certificates from Annexure C-1 to Annexure C-57 under Sahara Special Fix Scheme, Annexure C-58, and Annexure C-61 & Annexure C-62 under Golden 24 Scheme and Annexure C-60 under Sahara A. Select & Annexure C-63 under Star Two Scheme. However, it has been observed that upon all the certificates except Annexure C-59 and Annexure C-63, certificate number, date of deposit, maturity amount and maturity date are mentioned. Further we have observed that upon investing the amount vide certificate (Annexure C-58), the complainant was enrolled with and was entitled for 65 Joining points (vide certificate Annexure C-59). Similarly, Annexure C-61 is also a part of separate certificate bearing same number certificate No. 438000627052 whereby the complainant was enrolled with 714 Joining Points and vide Annexure C-62 (which is also a part of separate certificate bearing same number certificate No. 438000627053) whereby the complainant was enrolled with 185 Joining Points.  It is also mentioned on these certificates (Annexure C-59, Annexure C-61, & Annexure C-62) that “One joining time may be calculated as Rs. 100/-” which means that the member/complainant shall be free to redeem his/her accumulated joining times after expiry of 24 months from the date of joining and hence, would be entitled for 100 x Joining Points of said certificate on expiry of 24 months from the date of joining. In this way, the complainant would be entitled for amount of Rs. 6500/-vide Annexure C-59, for separate amount of Rs. 71,400/- for certificate Annexure C-61 and for Rs. 18,500/-separately for certificate Annexure C-62.

7.             However, the complainant has been failed to place on record any terms and conditions in support of his claim regarding Star Two Certificate (Annexure C-63) proving the factum that for what particular period of time, the complainant had invested the said amount of Rs. 49,187/-on 6.1.2016. The complainant has also failed to prove before this Commission whether the complainant is entitled for any maturity amount on this amount or not from the OPs under any terms and conditions of the said scheme of Star Two because no such terms and conditions are on file. So, the claim of complainant regarding certificate Annexure C-63 stands rejected.

8.               Hence, by taking into consideration the said certificates (Annexure C-1 to Annexure C-62) which have been issued by the OPs to the complainant for receiving various amount on various dates for a particular period and also taking into consideration the contents and prayer made in affidavit (Ex. CW-1/A) filed by complainant qua the said certificates as true and correct and taking into consideration the factum that the OPs have been proceeded against exparte and failed to tender any evidence, we are of the view that the OPs have failed to discharge their legal duties as enshrined qua the said scheme in terms of payment of maturity amount of the complainant on the completion of the scheme in which the said amount was invested by the complainant.

9.              We therefore, direct the OPs to pay the maturity amount as mentioned on the said certificates (Annexure C-1 to Annexure C-62 except Annexure C-59) i.e. Rs. 12,47,623/-, further to pay the redemption amount of Rs. 6500/-for accumulated 65 joining points (vide Annexure C-59), amount of Rs. 71,400/-for 714 joining points of certificate (Annexure C-61) and amount of Rs. 18,500/- for 185 joining points of certificate (Annexure C-62) i.e. Rs. 96,400/-for joining points, i.e. Rs. 12,47,623/- + Rs. 96,400/-= total Rs. 13,44,023/-to the complainant along with 9% p.a. rate of interest from the date of filing of the present complaint i.e. 1.4.2022, till its final realization.

10.           The OPs are also directed to pay a sum of Rs. 5000/- (Rupees Five Thousand Only) on account of mental agony, harassment etc. and Rs. 5000/- (Rupees Five Thousand Only) as litigation expenses to the complainant.

11             The present complaint stands partly allowed in the manner as indicated above.

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

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

14.              File be consigned after due compliance.

Announced.

Dated: - 20.2.2023

 

 

          (Shashi Kiran Panwar)                               (Manjit Singh Naryal)

                              Member                                                 President,

                                                                           District Consumer Disputes

                                                         Redressal Commission, Charkhi Dadri.