Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 467
Instituted on : 24.09.2018
Decided on : 12.11.2024
Ramkali age 69 years, w/o Mehar Singh through her Legal heirs:-
- Dharampal age 42 years s/o Sh. Mehar Singh.
- Naresh Kumar age 44 years, s/o Sh. Mehar Singh.
- Darshan age 49 years s/o Sh. Mehar Singh.
- Shila age 48 years d/o Sh. Mehar Singh.
All residents of H.No.952, Salara Mohalla, Rohtak 124001(Haryana).
………..Complainants.
Vs.
- Sahara Credit Cooperative Society Limited Through its Manager Branch Office 3rd Floor Ganga Place, Subhash Road, Rohtak.
- Sahara Credit Cooperative Society Limited Reg. Office- Sahara India Bhawan,Kapoorthala Complex, Aliganj Lucknow-226024.
- Neetu Sharma,Agent code 208712214, 3rd Floor Ganga Place, SubhashRaod, Rohtak.
……….Opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR.TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER
Present: Sh.Nitin Goyal, Advocate for complainant.
Sh.JasvirKundu, Advocate for opposite party No.1 & 2.
Opposite party No.3 already exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case, as per complainants are thatSmt. Ramkali w/o MEhar Singh opened a monthly deposit account in Sahara Credit Co-operativeSociety Ltd. on dated 20.07.2013 for Rs.1000/- per month, who had accountno.20874800958 and membership number 20871201096 in the opposite party branch. The maturity date of the above said account was 20.06.2018. Smt. Ramkalihad deposited the total amount of Rs.60000/- upto the date of maturity in opposite party branch office through opposite party No.3. After the date of maturity, Smt. Ramkalirepeatedly demanded the alleged amount alongwith interest from the opposite parties but the Branch Manager completely refused to pay the same and said that there is no any amount in the bank/branch office. Hence this complaint and it has been prayed that opposite parties may kindly be directed to pay the amount of Rs.60000/- alongwith interest @ 12% p.a., to pay Rs.20000/- of damages and litigation expenses to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Opposite party No.1 & 2 appeared and filed their written statement submitting therein that actual maturity date of account is 20.07.2018 and it is wrong to say that the maturity date of account is 20.06.2018. The complainant did not approach the office on 05.09.2018. The opposite parties never refused to make the payment. The complainant is not a consumer of the opposite parties rather she herself is member and is a part of society. The complainant is not entitled to get any relief from the Hon’ble Commission. The complainant can get maturity amount only, which is payable as per the terms and conditions of clause-5 of the scheme. The complainant’s claim for interest @ 12% is baseless and beyond the terms and conditions of scheme/agreement. Thus interest as claimed by the complainant is not payable. The complainant is not entitled to get any additional interest, compensation or litigation cost from the opposite parties. There is no deficiency in service on the part of opposite parties. As such dismissal of complaint has been sought.
3. Opposite party No.3 appeared on some dates and thereafter failed to appear on 10.02.2022 and was proceeded against exparte vide order dated 10.02.2022 of this Commission.
4. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C3 and closed his evidence on 14.06.2024. However, opposite party no.1 & 2 failed to file any evidencedespite availing sufficient opportunities and the evidence of the opposite party No.1 & 2 was closed by the order dated 09.10.2024 of this Commission.
5. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
6. During the pendency of complaint, Smt. Ramkali had died and L.Rs of deceased Ramkaliwere impleaded in place of deceased Ram kali. In the present case it is not disputed that as copy of passbook placed on record as Ex.C2, Smt. Ramkali is having account no.20874800958 and membership number 20871201096 in the opposite party branch and as per scheme of opposite parties,she had to deposit monthly installment for 60 months with the opposite parties. As per copy of monthly deposits placed on record as Ex.C3, Smt. Ramkali had deposited Rs.1000/- per month w.e.f. 20.07.2013 to 06/2018. After the maturity of account, she had applied for refund of amount but the alleged amount has not been paid by the opposite parties despite herrepeated requests. On the other hand, the opposite parties have not filed any evidence despite availing sufficient opportunities and the evidence of opposite parties was closed by the Court order dated 09.10.2024. As such,the plea taken by the opposite parties that complainant is member of society and is not entitled for any interest is not proved as no such document to support the alleged contention has been placed on file. Hence there is deficiency in service on the part of opposite party no.1 & 2 and opposite party No1 & 2 are liable to refund the alleged amount deposited by the complainant with the opposite parties. As per para no.5 of the complaint, the date of maturity is 20.06.2018 but as per opposite parties, the date of maturity is 20.07.2018. As per pass book Ex.C2, the date of opening is 20.07.2013 and the tenure is 60 months. So the date of maturity comes to 20.07.2018.
7. Inview of the facts and circumstances of the case we hereby allowthe complaint and direct the opposite party No.1 &2 to pay the amountRs.60000/- (Rupees sixty thousand only)alongwith interest @ 9% p.a. from dated 20.07.2018 to till its realization and also to pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the L.Rs of deceased Ram Kali in equal share. Order shall be complied within one month from the date of decision.
8. Copy of this order be supplied to both the party free of costs. File be consigned to the record room after due compliance.
Announced in open court:
12.11.2024.
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Nagender Singh Kadian, President
…………………………………..
TriptiPannu, Member.
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Vijender Singh, Member.
