Complaint filed on: 06-12-2022

                                                      Disposed on: 28-06-2023

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE 28^th DAY OF JUNE, 2023

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER

SMT.NIVEDITA RAVISH, B.A., LLB.(Spl)., LADY MEMBER

Consumer Complaint No.182/2022 

SMT. SHOBHA MOHAN

W/o MOHAN CHANDRA BABU,

A/a 67 years, R/at Guna Nilaya,

1^st Cross, Near Head Post Office,

Christian Street, Tumakuru.

……….Complainant

(BY SRI.KALEEMULLA, ADVOCATE)

V/s

1.       The Regional Manager,

          Sahara Credit Co-Operative Society Ltd.,

          4^th Cross, 5^th Main Road,

          Chamarajpet, Bengaluru-18.

2.       The Manager,

          Sahara Credit Co-Operative Society Ltd.,

          Sector Office, SS Puram Post Office Building,

          SS Puram, Tumakuru-572 102.

………..OPs.

(OP1& 2 -  served, absent)

:O R D E R:

SMT.G.T.VIJAYALAKSHMI, PRESIDENT

This complaint was filed by the complainant against the Opposite Parties 1 & 2 with a prayer to direct the OPs 1 & 2 to pay the maturity amount of  Rs.60,000/- including benefit of Rs.13,915/- in total Rs.73,915/- along with interest @ 18% PA from 09.10.2017 to 03.11.2022 apart from Rs.20,000/- towards general damages, mental shock and agony.

2.       It is the case of complainant that, the OP Nos. 1 & 2 are doing business accepting the SAHARA M BENEFIT deposits from the general public under various scheme and that the said scheme is a mode of installment monthly, as such complainant had paid monthly installment of Rs.1,000/- per month and totally paid 60 installments i.e. Rs.60,000/-. The said scheme has been commenced on 09.10.2022 and closed on 10.09.2017 under SAHARA M BENEFIT in scheme vide Account No.12344200952 and membership No.12341200695, pass book No.3710 at OP No.2.   It is further submitted that after maturity, the complainant approached the OP No.2 and sought for payment, but since 09.10.2017 i.e. date of maturity, but the OPs dodged to pay the amount on one or other reason.  It is further submitted that as per mode of chart of society, the complainant is entitled for the benefit of Rs.13,915/- on Rs.60,000/-, but in spite of repeated requests and demands and also legal notice, the OPs did not returned the matured amount along with Rs.13,915/-.  Hence, this complaint.

3.       In spite of service of notice against OP Nos.1 & 2, the OP Nos.1 & 2 remained absent.

4.       The counsel for complainant filed affidavit in lieu of evidence and produced copies of documents.

5.       On hearing the arguments of learned counsel for complainant and on perusal of the documents, the points that would arise for determination are as under;

1. Whether the complainant proves the deficiency of  service on the part of OPs?

2. Is complainant entitled to the relief sought for?

6.        Our findings aforesaid points are as under:

Point No.1: In the affirmative

Point No.2: As per the final order

:REASONS:

7. Point Nos.1 and 2: The learned counsel for the complainant submitted that, the OPs have failed to return the deposited amount and interest amount. The complainant in the affidavit evidence reiterated the averments of complaint.

8.       To prove the deposit made by the complainant, the complainant has produced xerox copy of the passbook, wherein it is seen that the complainant has deposited Rs.1,000/- every month from the date of commencement of the scheme till closure and totally paid Rs.60,000/- to the OPs.

9.       The counsel for complainant at the time of arguments submitted that though the complainant requested the OPs several times to pay maturity amount and interest, but the OPs did not pay the maturity amount.  Hence, the complainant issued legal notice, but after receipt of the legal notice, the OPs remained silent.  The OPs have not produced any documents to disprove the allegation made by the complainant against them by appearing before this Commission.  This goes to show that there is a deficiency of service on the part of OPs.  Hence, the complainant is entitled for Rs.60,000/- along with interest i.e. Rs.13,915/- as per the chart of the society, totally the complainant is entitled for Rs.73,915/- .  Further, the complainant claimed interest @ 18% on the maturity amount till payment.  But interest @ 18% PA claimed by the complainant is on the higher side, as because now-a-days, normally the banks are giving interest on the deposits @ 8 to 9%, as such, the complainant is entitled for interest @ 9% p.a. on the maturity amount from the date of maturity till payment.

10. Due to the deficiency in service and unfair trade practice of the OPs, the complainant compelled to approach this Commission.  Hence, the complainant is entitled for compensation of Rs.8,000/- towards mental agony suffered by the complainant and Rs.8,000/- towards litigation expenses. In the result, we proceed to pass the following;

:ORDER:

The complaint filed by the complainant is allowed in part.

The OPs 1 & 2 are jointly and severally directed to pay the maturity amount of Rs.73,915/- along with interest @ 9% PA from the date of maturity i.e. 09.10.2017 to till realization. 

Further, the OP Nos. 1 & 2 are jointly and severally directed to pay to the complainant a sum of Rs.8,000/- towards compensation and Rs.8,000/-  towards litigation expenses.

The OP Nos. 1 & 2 are further jointly and severally directed to comply the above order within 45 days from the date of receipt/knowledge of the order.

Supply free copy of this order to both parties at free of costs immediately.