DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

Complaint Case No : CC/75/2023

Date of Institution   : 23.06.2023

Date of Decision    : 10.07.2023

Poonam Bansal wife of Sh. Kapil Bansal resident of H.No. B-XI/97, Ward No. 13, Near backside Reliance Web Ward, Barnala, Tehsil- Barnala, District Barnala.     

                      …Complainant Versus

1. M/s Sahara India Parivar, Sahara Credit Cooperative Society Limited, Opposite Polo Ground, near Sethi Sales Corporation, Lower Mall, Near Modi College, Patiala through its Branch Manager.

2. M/s Sahara India Parivar, Sahara Credit Cooperative Society Limited, SCO No. 1110-1111, Sector 22-B, Chandigarh, through its Regional Manager.

3. M/s Sahara India Parivar, Sahara Credit Cooperative Society Limited, Command Office: Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024, Uttar Pradesh, through its Chairman Cum Managing Director.   

                 …Opposite Parties

Complaint Under Section 35 of Consumer Protection Act, 2019.

Present: Sh. Jashan Modi counsel for complainant.

Opposite party No. 1 deleted.

Opposite parties 2 & 3 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 Poonam Bansal has filed the present complaint under Consumer Protection Act, (amended upto date) against M/s Sahara India Parivar 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 parties company advertised for public to get investment in Sahara Special Fixed Deposit Scheme of 96 months and assured maximum interest on deposits on maturity. The opposite parties advised the complainant to deposit money in the Sahara Special Fixed Deposit Scheme of opposite parties and assured maximum interest per annum in the scheme on the deposited as per the terms and conditions of the Deposit Plan and the maturity amount will be paid to the investors. On trusting the words of opposite parties, the  complainant invested the total amount of Rs.  24,000/- on 7.9.2019 in the said Sahara Special Fixed Deposit Scheme (FD) of 96 months and the opposite parties issued certificate/receipt in this regard. It is further alleged that after the maturity date the complainant on the advice of opposite parties surrendered the said original receipt/certificate with the office of opposite parties on 1.8.2021 as per plan. The complainant is entitled to get Rs. 54,336/- as maturity amount. Thereafter, the complainant approached the opposite parties to get the maturity amount. But the opposite parties avoided the complainant on one pretext or the other and flatly refused to pay back the money to complainant. Hence, the present complaint is filed for seeking the following reliefs.- 

i) To pay a sum of Rs. 54,336/- alongwith interest @ 18%           per annum from the date of maturity till realization.

ii) To pay Rs. 1,00,000/-  as compensation and Rs. 11,000/-           as litigation expenses.  

3. On 10.1.2024 in view of the statement of Ld. Counsel for complainant the opposite party No. 1 is deleted from the arena of opposite parties. 

4. Notice of this complaint was sent to the opposite parties No. 2 & 3 but none appeared on behalf of opposite parties No. 2 & 3. Therefore, the opposite parties No. 2 & 3 were proceeded against exparte vide order dated 10.11.2023 of this Commission. 

5. In support of her case the complainant tendered into evidence her own affidavit Ex.C-1, copy of certificate Ex.C-2 and closed the evidence.  

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

7. In order to prove her case the complainant has placed on record her detailed affidavit Ex.C-1, in which she reiterated the averments as mentioned in the complaint. She has further placed on record copies of certificate Ex.C-2, which shows that a total amount of Rs. 24,000/- has been deposited by the complainant with the opposite parties. 

8. From the perusal of the records it has been proved that the complainant has deposited the total amount of Rs. 24,000/- with the opposite parties as per scheme. Further, in Ex.C-2 it shows that the complainant has deposited the total amount of Rs. 24,000/- with the opposite parties vide certificate Ex.C-2 in the said scheme and in this regard certificate has been issued by the opposite parties to the complainant. Further, in Ex.C-2 the maturity amount is also shown alongwith maturity date. So, we are of the view that the complainant has successful in proving that he has deposited the total amount of Rs. 24,000/- with the opposite parties in the shape of fixed deposit for a period of 96 months and the opposite parties are bound to pay the total amount of Rs. 54,336/- as per their certificate Ex.C-2. 

9. 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 10.11.2023 of this Commission due to non appearance.  

10. As a result of the above discussion, the present complaint is partly allowed and opposite parties No. 2 & 3 are directed to pay the total amount of Rs. 54,336/- to the complainant alongwith interest at the rate of 7%  per annum from the date of its maturity till realization. Further, the opposite parties No. 2 & 3 are also directed to pay Rs. 5,000/- as costs and Rs. 5,000/- 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:

       10th Day of July, 2023

 

            (Ashish Kumar Grover)

            President

 

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member