DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

 

Complaint Case No : CC/260/2021

Date of Institution   : 10.11.2021

Date of Decision    : 29.03.2022

Madan Lal Vatish son of Sh. Shambhu Datt resident of # B-XI-1759, Gali No. 1, Shakti Nagar, Barnala-148101, District Barnala, Punjab. 

                          …Complainant Versus

1. M/s Sahara India Parivar, Saharayan Universal Multipurpose Society Limited, Opposite Polo Ground, Near Sethi Sales Corp., Lower Mall, Near Modi College, Patiala, District Patiala through its Branch Manager.

2. M/s Sahara India Parivar, Saharayan Universal Multipurpose Society Limited, Sector 22-B, Chandigarh, through its Regional Manager. 

3. M/s Sahara India Parivar, Saharayan Universal Multipurpose Society Limited, Regd. Office-9, Santoshi Vihar, Ayodhya Bypass Road, Near State Bank, Bhopal-462041, Madhya Pradesh through its Managing Director.

           …Opposite Parties

Complaint Under Section 35 of Consumer Protection Act, 2019.

Present: Sh. R.K. Singla counsel for complainant.

Sh. N.K. Garg counsel for opposite parties.

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 Madan Lal Vatish has filed the present complaint under Consumer Protection Act, (amended upto date) against M/s Saharayan Universal Multipurpose Society Limited and others (hereinafter referred as opposite parties).  

2. The facts leading to the present complaint are that the opposite parties is a registered limited company and the opposite party No. 1 is the branch office of opposite parties. It is further alleged that the opposite party No. 1 advised the complainant to invest in the Star Two Scheme of opposite parties and the complainant will get 18% interest per annum. On trusting the words of opposite parties, the  complainant invested a total sum of Rs. 19,500/- on 30.4.2016 vide receipts/certificates No. 795000017706 and 795000017707 under the Start Two Plan for 64 months plan at Barnala. It is further alleged that the opposite party No. 1 assured the complainant that money is safe and the complainant can get money back at any time even before maturity date and the opposite parties will arrange the money for the complainant at any time. It is further alleged that on 5.9.2021 the complainant handed over original contribution receipts/certificates to the opposite parties and asked for the refund of money. But the opposite parties avoided the complainant on one pretext or the other and flatly refused to pay back the money to complainant. The opposite parties did not supply any terms and conditions and bylaws of the company. Hence, the present complaint is filed for seeking the following reliefs.- 

i) To pay a sum of Rs. 19,500/- alongwith interest @ 18% per annum from the date of deposit  till realization.

ii) To pay Rs. 1,00,000/-  as compensation and Rs. 5,000/- as litigation expenses.  

3. Upon notice of this complaint, the opposite parties appeared through Counsel Sh. Naveen Kumar Garg Advocate. But the opposite parties have failed to file written version despite taking number of opportunities. Moreover, on 9.2.2022 Ld. Counsel for the opposite parties has given undertaking that the opposite parties will submit the written version on the next date of hearing failing which the defence of opposite parties deems to be closed. But the opposite parties have failed to file written version even on the next date of hearing. Therefore, the defence of the opposite parties is struck of by the order of this Commission vide order dated 25.2.2022. 

4. In support of his case the complainant tendered into evidence his own affidavit Ex.C-1, copies of receipts/certificates Ex.C-2 & Ex.C-3 and closed the evidence. Ld. Counsel for complainant has suffered the statement on 15.3.2022 that he does not want to file any rejoinder on behalf of complainant. 

5. We have heard the learned counsel for the parties 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 copies of certificates Ex.C-2 & Ex.C-3 which shows that a total amount of Rs. 19,500/- has been deposited by the complainant with the opposite parties. 

7. On the other hand, the opposite parties have failed to file written version and produced any evidence to rebut the case of the complainant. 

8. As a result of the above discussion, the present complaint is partly allowed and opposite parties are directed to pay the amount of Rs. 19,500/- to the complainant alongwith interest at the rate of 9% per annum from the date of deposit 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:

       29th Day of March, 2022

 

 

            (Ashish Kumar Grover)

            President             

 

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member