BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 599 of 2022
Date of Institution: 22.09.2022
Date of Decision: 04.08.2023.
Smt. Seema Bhutani wife of Narender Kumar, resident of Sirsa, Tehsil and Distt. Sirsa.
………Complainant.
Versus
1. Sahara Credit Cooperative Society Limited, through its Branch Manager Sirsa, Distt. Sirsa.
2. Sahara Credit Cooperative Society Limited., Regd Office, Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow- 226024 through its Managing Director/ Prop. / Auth. Person.
……… Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR………. PRESIDENT
SMT. SUKHDEEP KAUR……………..MEMBER
Present: Sh. Rajeev Sharma, Advocate for complainant.
Opposite parties exparte.
ORDER:-
This complaint has been filed by complainant against the opposite parties seeking payment of Rs.96,112/- as maturity amount alongwith interest besides compensation for harassment and litigation expenses from ops.
2. In brief, the case of complainant is that complainant had purchased a fix deposit policy vide certificate No. 787002150133 account number 24847201082 for the amount of Rs.82,077/- on 11.08.2018, Hologram No. 992731703979 for the period of 18 months from the ops and said FDR was to be matured on 11.02.2020. On maturity, the ops were liable to pay an amount of Rs.96,112/- to the complainant. It is further averred that after maturity of said FDR on 11.02.2020, the ops have failed to make payment of the maturity amount to the complainant despite her several requests and visits and have caused unnecessary harassment and mental agony. Hence, this complaint.
3 On notice, op no.1 failed to appear despite service and as such op no.1 was proceeded against exparte. Op no.2 also failed to appear despite delivery of notice sent through registered cover and as such op no.2 was also proceeded against exparte.
4. The complainant in evidence has tendered her affidavit Ex.CW1/A and copy of receipt/ certificate Ex. C1.
5. We have heard learned counsel for complainant and have gone through the case file carefully.
6. From the copy of receipt/ certificate Ex. C1, it is evident that on 11.08.2018 complainant deposited amount of Rs.82,077/- with the ops and on maturity on 11.02.2020 she was entitled to receive maturity amount of Rs. 96,112/- from ops. According to the complainant after maturity, the ops have failed to refund the maturity amount to the complainant. The ops despite issuance of notices have failed to appear and opted to be proceeded against exparte. Therefore, the pleadings and evidence of complainant remained unchallenged and unrebutted. There is nothing on file to disbelieve the version of complainant and that she is not entitled to the maturity amount of Rs.96,112/- from ops. Non payment of amount of complainant clearly amounts to deficiency in service as well as unfair trade practice on the part of ops.
7. In view of our above discussion, we allow this complaint and direct the opposite parties to pay the amount of Rs.96,112/- alongwith interest @6% per annum from the date of maturity till actual realization to the complainant. We also direct the ops to further pay a sum of Rs.5000/- as composite compensation for harassment and litigation expenses to the complainant. The ops are liable to comply with this order within a period of 45 days from the date of receipt of copy of this order, failing which complainant will be at liberty to initiate proceedings under Section 71/72 of the Consumer Protection Act, 2019 against the ops. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced: Member President,
Dated: 04.08.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
