BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.

                                                          Complaint Case no. 237 of 2020      

                                                          Date of Institution: 12.10.2020

                                                          Date of Decision:   28.03.2023. 

Deepak Gupta aged about 48 years son of Shri Onkar Lal Gupta, resident of 15/946, Behind Talwar Nursing Home, Sirsa, Tehsil and District Sirsa.

                                                                   ………Complainant.

                                      Versus

1. Manager Saharayn Universal Multi Purpose Society Ltd. Opposite Guleria Nursing Home, State Bank of India Wali Gali, Surkhab Chowk, Sirsa, Tehsil and District Sirsa.

2. Manager, Saharayn Universal Multi Purpose Society Ltd. Registration No. MSCS/CR/935/2014 Registered office 195, Zone-1, In front of DB Mali MP Nagar, Bhopal, MP- 462011.

3. Sahara Credit of Cooperative Society Ltd. Registered Office Sahara India Bhawan, 1 Kapoorthala Complex, Aliganj, Lucknow (UP) – 226024.

                    ……… Opposite parties.

          Complaint under Section 35 of the Consumer Protection Act, 2019.

Before:       SH. PADAM SINGH THAKUR………. PRESIDENT

      SMT. SUKHDEEP KAUR……………..MEMBER                     

  SH. OM PARKASH TUTEJA… ……….MEMBER               

Present:         Sh. P.K. Berwal, Advocate for complainant.

Opposite parties already exparte.

ORDER

          This complaint has been filed by complainant against the opposite parties seeking payment of Rs.1,92,130/- as maturity amount of FDRs alongwith interest besides compensation for harassment and litigation expenses from ops.

2.       In brief, the case of complainant is that officer of op no.1 met with the complainant and asked him to invest money in the scheme of the ops i.e. to purchase the policies and complainant being impressed with the schemes agreed to invest money in the scheme of ops. That accordingly complainant invested an amount of Rs.21,270/- vide certificate No. 67500050002 in the scheme namely Super TT of the ops. It is further averred that initially the ops started this scheme under the name of Housing board Investment scheme and thereafter they changed the scheme due to change in law by Government and then again the ops converted the above scheme in Q shops scheme and given the complainant an account No. 824842004619. That thereafter again they changed the scheme and converted the same in Super TT Scheme. That the investment of the complainant had become matured on 12.02.2020. The ops were initially registered under the name of Saharayn Universal Multi Purpose Society Ltd. but later on the same was got registered under the name of Sahara Credit of Cooperative Society Ltd. It is further averred that on 11.08.2018 complainant also opened a RD account No. 24847201083 by way of investment of Rs.53,385/- and certificate number of complainant was 787002150139. The maturity of said RD account was on 11.02.2020. That in the same manner, the complainant also made two further investments with the ops for a sum of Rs.33,000/- under certificate no. 925009723810 receipt no. 30797596558 and Rs.61,000/- under certificate no. 925006312380 receipt no. 807975097299 which were to be matured on 19.6.2020 and 28.7.2020 respectively. It is further averred that in this manner all the above investments have been matured and complainant has become entitled to get the maturity amount of all the investments. The complainant approached the ops and requested them to release the amount of maturity of investments but firstly the ops started avoiding the matter with one pretext or the other and now about a week ago they have flatly refused to pay the maturity amount to the complainant. That such act and conduct on the part of ops clearly amounts to deficiency in service and unfair trade practice on account of which complainant has suffered unnecessary harassment and hardships. Hence, this complaint.

3.       On notice, initially opposite parties appeared through counsel and availed opportunities for filing written statements but despite availing number opportunities including last opportunities, the ops did not file any written statement and as such their defence was struck of and ultimately none appeared on behalf of ops and as such they were proceeded against exparte.

4.       Complainant has tendered his affidavit Ex.C1 and receipts/ certificates Ex.C2 to Ex.C5.

5.       We have heard learned counsel for complainant and have gone through the case file carefully.

6.       From the receipt/ certificate Ex.C2 issued by ops to the complainant it is evident that on 12.02.2016 complainant deposited amount of Rs.21,270/- with the ops and its date of maturity was 12.02.2020. Further from receipt/ certificate Ex.C3, it is evident that on 11.08.2018 complainant also deposited amount of Rs.53,385/- with the ops and on maturity on 11.02.2020 he was entitled to receive an amount of Rs.62014/- with the ops. From the receipt/ certificate Ex.C4, it is evident that on 28.01.2019 complainant also deposited amount of Rs.61,000/- with the ops and on maturity on 28.07.2020 complainant was entitled to receive amount of Rs.69,967/- from ops. Further from receipt/ certificate Ex.C5, it is evident that on 19.12.2018 complainant also deposited another amount of Rs.33,000/- with the ops and on maturity on 19.06.2020 complainant was entitled to receive amount of Rs.38,379/- from ops.  According to the complainant after maturity, the complainant was entitled to receive an amount of Rs.1,92,130/- but ops have failed to refund the said maturity amount to the complainant. The ops despite appearance have failed to rebut the pleadings and evidence of complainant and ultimately opted to be proceeded against exparte. There is nothing on file to disbelieve the version of complainant and that he is not entitled to the claimed maturity amount of Rs.1,92,130/- from ops. Non payment of amount of complainant clearly amounts to deficiency in service as well as unfair trade practice on the part of ops.

8.       In view of our above discussion, we allow this complaint and direct the opposite parties to pay the amount of Rs.1,92,130/- (after bifurcation of the maturity amounts of each deposits) alongwith interest @6% per annum from the date of maturity of each deposit till actual realization to the complainant. We also direct the ops to further pay a sum of Rs.5000/- as composite compensation for harassment and litigation expenses to the complainant. The ops are liable to comply with this order within a period of 45 days from the date of receipt of copy of this order, failing which complainant will be at liberty to initiate proceedings under Section 71/72 of the Consumer Protection Act, 2019 against the ops. A copy of this order be supplied to the parties free of costs.   File be consigned to record room.

Announced:                   Member      Member                President,

Dated: 28.03.2023.                                               District Consumer Disputes

                                                                   Redressal Commission, Sirsa.

JK