Punjab

Fatehgarh Sahib

CC/48/2020

Sunil Kumar - Complainant(s)

Versus

Sahara Credit Co Op Society - Opp.Party(s)

Sh Sumit Gupta

28 Oct 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATHGARH  SAHIB.

                                                                        Complaint Case No: 48 of 2020

        Date of Institution: 31.08.2020

        Date of Decision: 28.10.2021

Sunil Kumar aged about 32 years , S/o Sanjivan Lal, R/o house no.08 Sector 1B, Vikas Nagar , Mandi Gobindgarh, Tehsil Amloh & District Fatehgarh Sahib..

                                                                                           ...........Complainant

Vs.

1. Sahara Credit Cooperative Society Limited, Regd. Office- Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow, Uttar Pardesh through its Managing Director.
2. Sahara Credit Cooperative Society Limited, Sahara India, S.F. No.111, Guru Amardass Market II Floor, Khanna (Punjab) through its  Authorized Person
3.  Sahara Credit Cooperative Society Limited, through its Agent Raj Nandan Prasad, House no.377 Sector 2-B, Adarsh Nagar, Mandi Gobindgarh (Punjab)

..........Opposite Parties

 

 

Complaint Under Section 35 of Consumer Protection Act 2019

Quorum

Sh.Pushvinder  Singh, President

Ms.Shivani Bhargava, Member

 Sh.Manjit Singh Bhinder, Member

   

Present: Sh. Sumit Gupta, Advocate, counsel for the    complainant.

          Opposite Parties  Ex-parte

ORDER

By Pushvinder  Singh, President

                      The present complaint was filed under Consumer Protection Act, by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Parties (hereinafter referred as “OPs” for short) Under Section 35 of the Consumer Protection Act 2019. The brief facts of the complaint are as under:-

  1.             In this complaint, Sunil Kumar, CC stated that in order to save some earning, the CC took a policy from OP no.1 in October 2013 and started paying  Rs.1,000/- every month to OP. no.3. The CC paid the last installment of Rs.1,000/- July, 2018.  The CC approached the OP no.3 to release the amount  but the OP no.3 told the CC that a case  is pending against the OP no.1 in the Hon’ble  Supreme Court and they would release the amount after the orders of Hon’ble  Supreme Court. The OP no.3 convinced the CC that till Hon’ble  Supreme  court orders, the CC should make it as fixed deposit for 18 months as the CC would get interest on fixed deposit. The CC had no other option but to agree on the statement of OP no.3 and the OP no.3 took the first and last receipt of the Policy to make it as fixed deposit of Rs.50014/- on dated 14.12.2018.  The maturity amount of fixed deposit is Rs.58,566/- and the maturity date was 14.6.2020. After the maturity of the Fixed Deposit, the CC went to OP no.3 for releasing the amount, but the OP no.3 told the same story to the CC and again told to further continue it as the Fixed Deposit for which the CC refused and asked to release the amount.  The OP refused to release the fixed deposit of the CC. which   amounts to deficiency in service on the part of the OPs. Hence , this complaint is for  giving  directions to the OPs to  release the Fixed Deposit  of the CC i.e. Rs.58,566/- and Rs.1,00,000/- as damages on account of deficiency in service and for causing mental agony , harassment  and for expenses incurred on the unwanted litigation expenses and charges  and costs to the CC from the OPS.

2.                Notice of this complaint was sent to OPs but they choose not to appear to contest this complaint. Hence, they were proceeded against Ex-Parte.

3.                The CC in support of his complaint tendered in his evidence affidavit Ex.CW-1/A along with documents Ex.C1 to Ex.C39.     

4.             We have heard learned counsel for the complainant and have also gone through the record.

5.                The CC has filed present complaint for directing the OPs to release the amount of fixed deposit and also to pay damages. The CC has pleaded in the complaint and also  deposed by  way of affidavit  EX.CW1/A that he took  a policy of OPs in October 2013 and started paying  Rs.1000/- every month  to OP no.3. The CC paid last installment of Rs.1,000/-  in July, 2018  and then the CC approached the OP no.3 to release the amount  but the OP no.3 told the CC that a case  is pending against the OP no.1 in the Hon’ble  Supreme Court and they will release the amount after the orders of Hon’ble  Supreme Court and the OP no.3 issued FDR of Rs.50014/- on 14.12.2018 and the maturity amount of FDR was mentioned Rs.58,556/- and the maturity date was 14.6.2020. After the maturity of the Fixed Deposit no amount was released by the OPs and even OPs refused to release the same and in this way OPs indulged in unfair trade practice and negligence in service by not releasing hard earned savings of the CC.

   6.               The   Notice of this complaint was given to OPs but in spite of proper service they did not come present to contest this complaint and they were proceeded against Ex-Parte.

7.                     In  Ex-Parte evidence, The CC  deposed  by way  of affidavit Ex.CW1/A and also produced copies of receipts  as Ex.C1 to Ex.C38, which show that the CC remained depositing the installments of  Policy with the OP no.3 being authorized  person of the OPs no.1 and 2.  The complainant also produced the copy of FDR as Ex.C39, which shows that the OPs issued FDR as Ex.C39 of Rs.50014/- on 14.12.2018 for the period of 18 months and it was agreed by the OPs to pay interest @ 11% P.A and the date of maturity was mentioned as 14.6.2020. The CC has also deposed that no amount was returned by the OPs.  The evidence produced by the complainant is unrebutted on the file and we find that  the same cannot be discarded, accordingly it is established on the file that the  OPs issued the policy in favour of the CC and  for this  policy the CC remained depositing the installments with the OP no.3 being authorized agent of OPs no.1 and 2 and on 14.1.2018 the OPs issued FDR of Rs.50014/- for the period of 18 months to the complainant and  also agreed to pay interest @  11% P.A and the date of maturity  was mentioned as 14.06.2020 and maturity amount was Rs.58,566/-.

8.             In all these circumstance, we have come to the conclusion that the CC is entitled to recover the amount of FDR from the OPs and OPs are bound to pay the amount of FDR along with interest. Accordingly the complaint is allowed and an award is passed in favour of CC. The OPs are directed to pay a sum of Rs.58566/- to the complainant alongwith interest @ 11% P.A from the date of maturity of FDR i.e. from 14.6.2020 till the date of payment. The complainant is also entitled for Rs.10,000/- as damages for harassment and the cost of litigation. The liability of OPs shall be joint and several. Compliance of this order be made by OPs within thirty days from the date of receipt of free certified copy of the order.   Free certified copy of the order be supplied to the complainant and copy be sent to the OPs through registered post as per rules.  File be indexed and consigned to record room.

Announced

October 28, 2021

                                                                (Pushvinder Singh)

                                                                President

                                                       

   (Shivani Bhargava)

                                                                                     Member

 

                                                                     (Manjit Singh Bhinder)

Member