Haryana

Charkhi Dadri

CC/30/2022

Komal - Complainant(s)

Versus

MD/CEO Sahara Credit Cooperative Society Ltd - Opp.Party(s)

Smt. Sujata Sharma

31 May 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

                                                          Complaint Case No. 30 of 2022

                                                          Date of Institution: 8.2.2022

                                                          Date of Decision: 31.5.2023

 

Komal wife of Parveen, aged about 38 years and permanent resident of Ward No. 18, Sewa Simit, Charkhi Dadri, Teshil and District Charkhi Dadri.

                                                                   ….Complainant.

Versus

1. Sahara Credit Cooperative Society Limited, through MD/CEO, Sahara India Bhawan, Kapoorthala Complex, Aliganj, Lucknow-226024.
2. Manager, Sahara Credit Cooperative Society Limited, above Dr. Goyal Hospital, Loharu road, Charkhi Dadri-127306.

 

•  

                   COMPLAINT UNDER THE

                   CONSUMER PROTECTION ACT.

 

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

                Hon’ble Ms. Shashi Kiran Panwar, Member.

                   Hon’ble Sh. Dharam Pal Rauhilla, Member.

 

Present:      Ms. Sujata, Adv. for complainant.

                   OPs already exparte.

 

ORDER:-

MANJIT SINGH NARYAL, PRESIDENT

 

          Komal (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. 70465600942 on 30.6.2015 with the OPs for a period of 72 months for payment of Rs. 3000/-per month.  The complainant paid all the entire due 72 installments of aforesaid RD scheme. On the date of maturity on 30.6.2021, the complainant was entitled to get Rs. 2,92,800/-from the OPs with interest but despite making several complaints and visits, the OPs failed to make the payment of maturity amount to the complainant. It is averred that there is deficiency in service on the part of the OPs. Accordingly, the complainant seeks directions against the OPs to pay the total maturity amount of Rs.2,92,800/-along with interest, compensation and the litigation expenses besides any other relief, to which the complainant is found entitled.

2.             Upon notice through registered post, the OPs failed to appear before the Commission and hence, OP No.1 on 30.9.2022 and OP No.2 vide order dated 29.3.2023 have been proceeded against exparte due to their non-appearance before the Commission.

3.             In the evidence, the complainant has tendered affidavit Ex. CW-1/A and documents Ex. C-1 to Ex. C-4 and closed the evidence on 28.4.2023.

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 by filing her affidavit (Ex. CW-1/A) has corroborated the contents of her complaint as true and correct, and has further placed on record R.D. Account passbook (Ex. C-1) and some other documents (i.e. receipts of deposit of amount which are from Ex. C-2 to Ex. C-4) relating to A/c bearing No. 70465600942 opened by the complainant under Sahara G. Anokha Scheme with the OPs on 30.6.2015 for a term of 72 months for denomination amount of Rs. 3000/-P.M. The complainant has not placed on record any Member ledger/account statement issued by the OPs showing deposit of any amount by the complainant. However, as per receipt Ex. C-2 placed on file, it stands clear that the complainant had deposited Rs. 2,16,000/-with the OPs upto 19.6.2021, but the complainant failed to prove the version of complaint that how Rs. 2,92,800/-became payable to the complainant on 30.6.2021.

6.             So, by taking into consideration the said receipt of deposit of amount (i.e. Ex. C-2) issued by the OPs to the complainant showing status of deposit of amount of Rs. 2,16,000/-upto 19.6.2021, the said Recurring Deposit Account passbook (Ex. C-1) and taking into consideration the contents of affidavit (Ex. CW-1/A) filed by complainant as true and correct, we are of the considered opinion that 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).

7.                In view of the aforesaid finding and observation, we are of the view that 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 deposited amount of Rs. 2,16,000/-as per document (Ex. C-2) of A/c No. 70465600942 to the complainant along with 9% p.a. rate of interest from the date of filing of the present complaint i.e. 8.2.2022, till its final payment.

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

9.       The present complaint stands allowed in the manner as indicated above. The above order be complied within 45 days from the date of receiving the copy of this order. Certified copies of order be supplied to the parties free of costs. File be consigned after due compliance.

Announced.

Dated: - 31.5.2023

 

 

(Dharam Pal Rauhilla)  (Shashi Kiran Panwar)  (Manjit Singh Naryal)

Member                         Member                            President,District Consumer Disputes

                                      Redressal Commission, Charkhi Dadri.