Delhi

North East

CC/28/2020

Smt. Sunita Sharma - Complainant(s)

Versus

M/s Sahara India ltd. - Opp.Party(s)

09 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.28/20

 

In the matter of:

 

	Smt. Sunita Sharma W/o Sh. Naresh Kumar C-4/175, Yamuna Vihar Delhi-110053	Complainant
	Versus
	M/s Sahara India Ltd. Sahara Credit Cooperative Society Ltd. Through its CEO/ Regional Manager, Regional Office : 691/2,IInd Floor, Above OBC Bank, Kabul Nagar, Shahdara, Delhi-110032 Aslo At: M/s Sahara India Ltd. C-89, Shalimar Garden Extension, Sahibabad, Ghaziabad-201005	Opposite Party

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON:                   DATE OF ORDER:

16.03.2020 07.12.2022 09.03.2023

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

                                                                    ORDER

     Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the    Consumer protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that an agent of Opposite Party namely Sh. Kamal Jain had contacted to the complainant and asked to save money by putting the money in fixed deposit schemes of the Opposite Party. The agent has assured the complainant that at the time of maturity of fixed deposit the complainant should receive entire principal amount along with up to date interest as mentioned FDR. Accordingly complainant arranged the money from her husband as earlier the husband of the complainant had deposited the certain amount with Opposite Party. Thereafter, the complainant had deposited a sum of Rs. 2,37,000/- with the Opposite Party in fix deposit scheme which was to be mature on 10.09.2019 for sum of Rs. 2,75,631/-. The agent of the Opposite Party had taken the necessary documents and amount from the residence of the complainant and Opposite Party from the office of Kabul Nagar has issued a certificate no. 787 000513086 and receipt no. 080693444510 vide account no. 60517200185, Membership No. 60500800040 in the name of the complainant copy. The opposite Party had also issued receipt of the said amount. The agent of the Opposite Party assured that at the time of maturity on 10.09.2019 the complaint would get entire maturity amount without delay. On maturity of FDR after 10.09.2019 the complainant had approached the regional office at Kabul Nagar with original certificate and receipts and requested for payment of maturity amount of Rs. 2,75,631/- to officials of the Opposite party. But the officials of Opposite Party started to avoid for making the payment of maturity amount without assigning any reason to the complainant. The complainant repeatedly visited the office of Opposite Party for making the payment but Opposite Party denied and asked for put more money in fix deposit. Complainant sent a legal notice dated 13.01.2020 through her counsel but Opposite Party neither replied the legal notice nor made the payment of FDR. The complainant has prayed to direct the Opposite Party to pay a sum of Rs. 2,75,631/- to the complainant i.e. maturity amount along with interest @ 24 % p.a. from 10.09.2019 till realization, Rs. 50,000/- on account  of mental harassment and Rs. 21,000 on account of litigation charges.
2.  None has appeared on behalf of Opposite Party to contest the case despite service of notice on 31.10.2020. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 20.04.2022.

Ex-parte evidence of the Complainant

3. The Complainant in support of her complaint filed her affidavit wherein she has supported the averments made in the complaint.

 

Arguments & Conclusion

4. We have heard the Complainant and we have also perused the file.  The averments made by the Complainant in the complaint are supported by her affidavit and documents filed by her. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above discussion, the complaint is allowed. The Opposite Party is directed to pay an amount of Rs. 2,75,631/- to the complainant i.e. maturity amount along with interest @ 6 % p.a. from  10.09.2019 till recovery. Opposite Party is also directed to pay an amount of Rs. 30,000/- to the complainant on account of mental harassment and litigation expenses along with interest @ 6 % p.a. from the date of this order till recovery.
6. Order announced on 09.03.2023.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President