..…Complainant
- Humara India Credit Cooperative Society Limited, Registered office at Mangal Jyoti, 101, 227/2, AJC Boss Road, Kolkata West Bengal-700020.
- Sahara India Parivar, B-1/367, Guru Nanakpura, Kailash Chowk, Civil Lines, Ludhiana.
- Hardev Singh Agent/Member of Sahara India Parivar, B-1/367, Guru Nanakpura, Kailash Chowk, Civil Lines, vide Membership No.242910177. …..Opposite parties
Complaint under Section 35 of the Consumer Protection Act, 2019.
QUORUM:
SH. SANJEEV BATRA, PRESIDENT
SH. JASWINDER SINGH, MEMBER
MS. MONIKA BHAGAT, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Sh. Nitin Arora, Advocate.
For OPs : Exparte.
ORDER
PER SANJEEV BATRA, PRESIDENT
1. The complainant has invoked the jurisdiction of this Commission by filing the present complaint stating therein that opposite party No.1 is a Cooperative Society registered under Multi State Cooperative Societies Act, 2002 and opposite party No.2 is the Society’s authorized centre while opposite party No.3 was acting as an agent on behalf of opposite party No.1 and 2. It was further stated in the complaint that on the assurance and representation of opposite party No.3, the complainant invested her hard earned money and purchased bonds of Rs.6,000/- per month in the recurring deposit scheme/plan of opposite party No.1 and 2 for the period of 60 months since 29.04.2017 vide membership No.627037000077 and account No.27036900091. The complainant has deposited Rs.3,42,000/- with the opposite parties till 06.12.2021. All the amounts were collected by opposite party No.3 on behalf of opposite party No.1 and 2. The said amounts were to be matured on 29.03.2022. On the completion of the maturity period, the complainant visited the office of opposite party No.1 and 2 and also contacted opposite party No.3 but the opposite parties refused to make the payment of the maturity amount. Therefore, the complainant filed the present complaint asserting that the act and conduct of the opposite parties amounts to deficiency of service and further prayed for refund of the maturity amount of Rs.4,57,620/- and compensation to the tune of Rs.2,00,000/- on account of mental agony, harassment and distress. The complainant also claimed litigation expenses of Rs.33,000/-.
2. Upon notice, the opposite parties did not appear despite service through registered post and were proceeded against exparte.
3. In exparte evidence, the complainant submitted her affidavit Ex. CA along with documents Ex. CW/1 to Ex. CW/53 which were gone uncontroverted.
4. We have gone through the record and heard the arguments advanced by the counsel for the complainant.
5. As per the allegations made in the complaint, the complainant invested a sum of Rs.3,42,000/- with the OPs. In this regard, the complainant has placed on record the statement of recurring account as Ex. CW/4 vide which an amount of Rs.3,42,000/- was invested till 06.12.2021 and this deposit was to be matured on 29.03.2022. The complainant has further placed on record copies of bonds Ex. CW/1 to Ex. CW/3 and Ex. CW1/5 to Ex. CW/53 vide which a sum of Rs.6,000/- per month each was deposited by the complainant from 29.04.2017 till 06.12.2021 which was to be matured on 29.03.2022. These are the documents which have been issued by the opposite parties and as such, their genuine cannot be doubted. Even after the date of maturity, no amount was paid to the complainant. Non-payment of the maturity amount clearly amounts to deficiency of service on the part of the opposite parties. In the given circumstances, in our considered view, it would be just and proper if the opposite parties are made to refund the deposited amount of Rs.3,42,000/- with interest @8% per annum from 29.04.2017 till the date of actual payment and the opposite parties are further made to pay Rs.10,000/- as composite cost and compensation.
6. As a result of above discussion, the complaint is allowed exparte with an order that the opposite parties shall pay the amount of Rs.3,42,000/- of the recurring deposit to the complainant along with interest @8% per annum from 29.04.2017 till date of actual payment. The opposite parties shall further pay a composite costs and compensation of Rs.10,000/- (Rupees Ten Thousand only) to the complainant. Liability of the opposite parties shall be joint and several. Compliance of order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.
(Monika Bhagat) (Jaswinder Singh) (Sanjeev Batra) Member Member President
Announced in Open Commission.
Dated:01.12.2022.
Gobind Ram.
Reetu Anand Vs Humara India Credit CC/22/273
Present: Sh. Nitin Arora, Advocate for the complainant.
OPs exparte.
Learned counsel for the complainant closed evidence after tendering affidavit Ex. CA along with documents Ex. CW1 to Ex. CW53.
Arguments heard. Vide separate detailed order of today, the complaint is allowed exparte with an order that the opposite parties shall pay the amount of Rs.3,42,000/- of the recurring deposit to the complainant along with interest @8% per annum from 29.04.2017 till date of actual payment. The opposite parties shall further pay a composite costs and compensation of Rs.10,000/- (Rupees Ten Thousand only) to the complainant. Liability of the opposite parties shall be joint and several. Compliance of order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.
(Monika Bhagat) (Jaswinder Singh) (Sanjeev Batra) Member Member President
Announced in Open Commission.
Dated:01.12.2022.
Gobind Ram.
