DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

 

Complaint Case No : CC/53/2022

Date of Institution   : 07.02.2022

Date of Decision    : 13.04.2022

Iqbal Singh, aged about 28 years, son of Sh. Prem Singh resident of # B-IV/398, Janda Wala Road, Ward No. 8, Barnala, Tehsil and District Barnala. 

                          …Complainant Versus

1. Sahara Credit Cooperative Society Limited, Registered office Sahara India Bhawan, 1, Kapurthala Complex, Aliganj, Lucknow-226024, through its Authorized Signatory/Managing Director. 

2. Sahara India Parivar, Branch office Moga, now shifted at Sahara India Parivar, B-I/367, Guru Nanakpura, Opposite Petrol Pump, Near Kailash Cinema Chowk, Civil Lines, Ludhiana-141001, through its Branch Manager. 

                     …Opposite Parties

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

Present: Sh. N.P. Singh Adv counsel for complainant.

Opposite parties exparte.

 

Quorum:-

1. Sh. Ashish Kumar Grover : President

2.Smt Urmila Kumari : Member 

3. Sh. Navdeep Kumar Garg : Member

 

ORDER BY ASHISH KUMAR GROVER, PRESIDENT):

The complainant namely Iqbal Singh has filed the present complaint under Section 35 of The Consumer Protection Act, 2019 against M/s Sahara Credit Cooperative Society Limited and others (hereinafter referred as opposite parties).  

2. The facts leading to the present complaint are that the complainant has availed the services of opposite parties. It is alleged that the complainant has invested a total sum of Rs. 2,000/- in cash with the opposite parties through installments and it was agreed with the opposite parties and the complainant that the opposite parties will handover the deposited amount alongwith interest as per plan after the expiry of 6 years i.e. on 6.5.2020 to the complainant and the opposite parties have issued a copy of RD/passbook in this regard. It is further alleged that the complainant according to the agreement and terms & conditions tried to submit the copy of RD/passbook in the office of opposite party No. 2 for the release of Rs. 2,000/- alongwith interest @ 1% per month total Rs. 3,440/- on 6.5.2020. But the opposite party No. 2 refused to receive the same and has verbally told to the complainant that he will receive the same after some days when the payment will be made to the complainant. After some days the complainant visited the office of opposite party No. 2 for collecting the amount and depositing the above said RD/passbook. It is further alleged that the Manager of the opposite party No. 2 told the complainant that the payment will be made on the next month. Thereafter, the complainant again visited the office of opposite party No. 2 but they linger on the matter on the one pretext or the other. Thus, there is deficiency in service and unfair trade practice on the part of opposite parties. Hence, the present complaint is filed for seeking the following reliefs.- 

i) To make the payment of Rs. 3,440/- as per the agreement alongwith future interest.

ii) To pay Rs. 15,000/-  on account of mental agony and physical harassment and Rs. 10,000/- as litigation expenses.    

3. Notice of this complaint was sent to the opposite parties appeared but none appeared on behalf of opposite parties. Therefore, the opposite parties were proceeded against exparte vide order dated 24.3.2022 of this Commission. 

4. In support of his case the complainant tendered into evidence his own affidavit Ex.C-1, copy of passbook Ex.C-2 and closed the evidence. 

5. We have heard the learned counsel for the complainant and have gone through the record on file. 

6. In order to prove his case the complainant has placed on record his detailed affidavit Ex.C-1, in which he reiterated the averments as mentioned in the complaint. He has further placed on record copy of R.D/Passbook Ex.C-2, which shows that a total amount of Rs. 2,000/- has been deposited by the complainant with the opposite parties in the shape of R.D. Further, in Ex.C-2 i.e. passbook an account number is mentioned as 60345100216 and the account opening date is mentioned as 6.5.2014. Further, the tenure of the scheme is mentioned as 72 months and the mode of installment mentioned as monthly, denomination Rs. 500/. Therefore, it is proved that the complainant has deposited only four installments of Rs. 500/- and in total Rs. 2,000/- has been deposited with the opposite parties in the shape of RD. 

7. On the other hand the case of the complainant is un-rebutted and uncontested as the opposite parties were proceeded against exparte vide order dated 24.3.2022 of this Commission due to non appearance.  

8. As a result of the above discussion, the present complaint is partly allowed against the opposite parties and the opposite parties are directed to pay the amount of Rs. 2,000/- to the complainant alongwith interest at the rate of 7% per annum from the date of deposit of last installment till realization. Further, the opposite parties are also directed to pay Rs. 2,000/- as costs and Rs. 3,000/- as compensation on account of mental agony and harassment to the complainant. Compliance of the order be made within the period of 60 days from the date of the receipt of the copy of this order. Copy of this order be supplied to the parties free of costs. File be consigned to the records after its due compliance.

ANNOUNCED IN THE OPEN COMMISSION:

       13th Day of April, 2022 

 

 

            (Ashish Kumar Grover)

            President             

 

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member