Haryana

Charkhi Dadri

CC/258/2022

Rajender Kumar - Complainant(s)

Versus

Sahara Credit Cooperative Society Limited through its Manager/Authorized Signatory. - Opp.Party(s)

Sh. Shyam Lal Gujran

29 Jan 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                          Complaint Case No. 258 of 2022

                                                         Date of Institution:  15.12.2022

                                                          Date of Decision:     29.01.2024     

 

Rajender Kumar S/o Sher Singh, Resident of Ward No.8, Near Old Patwar Khana Jhajjar Ghati Charkhi Dadri, District Charkhi Dadri Mobile No. 9416510741

                                                                   ….Complainant.

Versus

1. Sahara Credit Cooperative Society Limited, Regd. Office Sahara India Bhawan, 1 Kapporthala Complex, Aliganj, Lucknow-22064 Regd No. MSCS/CR/333/210, through its Manager/Authorized Signatory.
2. Regional Manager, Sahara India, DSS 124, Sector 15 A, Kaimri Road, Near Royal Bar, Hisar Pin 125001 .
3. Area Manager, Sahara India, SCO 84A, Second Floor, Sector 58 , Shahi Majra, SAS Nagar, Mohali.
4. Branch Manager, Sahara India Rohtak Road Charkhi Dadri Through its Branch Manager/Authorized Signatory Pin-127306.
5. Sector Manager/Sahara India, Near Rose Garden, Charkhi Dadri Pin-127306.
6.  

 

                                      COMPLAINT UNDER THE

                                      CONSUMER PROTECTION ACT.

 

Before: -     Hon’ble Sh. Manjit Singh Naryal, President

                   Hon’ble Sh. Dharam Pal Rauhilla, Member.

 

Present:      Sh. Shyam Lal Gujran, Adv. for complainant.

                   OP no.1,3,4&5 already exparte.

                   OP no.2 given up.

ORDER:-

 

                  Rajender Kumar (hereinafter referred to as “the complainant”) has filed the present complaint against the opposite parties (hereinafter referred to as “the OPs) with the averments that the complainant had invested amount   in Sahara Company  The details of investment  while certificates have been furnished and notified are as under:-

Sr. No.	Certificate No.	Receipt No.	Hologram No.	Amount	Date of Investment	Maturity Date	Due amount  on maturity
1	467004137193	34038166206	992762399371	25000	13.06.2018	13.06.2021	56706
2	467004137194	34038166207	992762399372	25000	13.06.2018	13.06.2021	56775
3	467004137195	34038166208	992762399373	24000	13.06.2018	13.06.2021	54568
4	467004137196	34038166209	992762399374	25000	13.06.2018	13.06.2021	57164
5	467004137197	34038166210	992762399375	6600	13.06.2018	13.06.2021	14998
6	467004137198	34038166211	992762399376	25000	13.06.2018	13.06.2021	56672
7	467004137199	34038166212	992762399377	25000	13.06.2018	13.06.2021	56363
8	467004137200	34038166214	992762399378	25000	13.06.2018	13.06.2021	56502
9	467004137201	34038166215	992762399379	25000	13.06.2018	13.06.2021	56466
10	467004137202	34038166216	992762399380	25000	13.06.2018	13.06.2021	56466
11	467004137203	34038166217	992762399381	25000	13.06.2018	13.06.2021	57048
12	467004137204	34038166218	992762399382	6600	13.06.2018	13.06.2021	14935
13	467004137205	34038166219	992762399383	24000	13.06.2018	13.06.2021	54666
14	467004137206	34038166225	992762399427	25000	13.06.2018	13.06.2021	56740
15	467004137207	34038166228	992762399599	18700	15.06.2018	15.06.2021	43226
Total				3,29,900			7,49,295

 

It is averred that the OPs have failed to pay the maturity amount of said certificate to the complainant despite completion of entire required formalities for payment of maturity amount by the complainant.  Hence, alleging deficiency in service on the part of the OPs, it is prayed by the complainant that the OPs be directed to pay the maturity amount of Rs. 8,05,764/- (while is Rs. 7,49,295/- as per certificates submitted) along with agreed rate of interest, compensation and the litigation expenses besides any other relief which this Commission may found deem fit and proper.

2.                Upon notice through registered post, the OP no.1,3,4&5 failed to appear before the Commission and hence, the OP Nos. 1,3,4&5 vide order dated 06.02.2023 have been proceeded against exparte due to their non-appearance before the Commission. 

3.                Counsel for the complainant made a statement that he given up OP no.2 being  unnecessary vide order dt. 08.08.2023

4.                In the exparte evidence, the complainant tendered affidavit Ex. CW-1/A and documents Ex. C-1 to Ex. C-18 and closed the evidence on 09.10.2023.

5.                We have heard the exparte arguments of learned counsel of the complainant and have gone through the entire evidence placed on record by the complainant very carefully and minutely.

        During the course of arguments, the learned counsel of complainant reiterated the contents of complaint filed by the complainant and drawn the attention of this Commission towards the documents placed on record by the complainant.

6.             We have observed that the complainant by filing her affidavit Ex. CW-1/A, has corroborated the contents of her complaint as true and correct, and drawn the attention of this Commission towards certificate (Ex. C-1 to Ex.C16) issued by the OPs. We have observed that the said FD receipt/certificate bear the name of the present complainant whereby he deposited the amount of Rs.3,29,900/- on (Vide Ex. C-1 to Ex.C16 except Ex.C9) with the OPs for a period of three years. The perusal of these certificate (Ex. C-1 to Ex.C16 except Ex.C9) shows that the complainant was entitled to get Rs. 8,05,764/- as maturity value of said certificate. Hence, by taking into consideration the said receipt/certificate (Ex. C-1 to Ex.C-16 except Ex.C9) which has been issued by the OPs to the complainant for receiving the amount and also taking into consideration the contents and prayer made in affidavit Ex. CW-1/A filed by complainant qua the said certificate as true and correct and taking into consideration the factum that the OPs have been proceeded against exparte and failed to tender any evidence, we are of the view that the OPs have failed to discharge their legal duties as enshrined qua the said scheme in terms of payment of maturity amount of the complainant on the completion of the scheme in which the said amount was invested by the complainant.

7.              We therefore, direct the OPs to pay the maturity amount of Rs. 7,49,295/- (as value of certificate Ex. C-1 to Ex.C16 except Ex.C9 for which no certificate was attached and amount was not claimed by the  complainant) to the complainant along with 9% p.a. rate of interest from maturity, till its final realization.

8.           The OPs are also directed to pay a sum of Rs. 5000/- (Rupees Five Thousand Only) on account of mental agony, harassment etc. and Rs. 5000/- (Rupees Five Thousand Only) as litigation expenses to the complainant.

9.            The present complaint stands allowed in the manner as indicated above.

10.            The above order be complied within 45 days from the date of receiving the copy of this order.

11.              Certified copies of order be supplied to the parties free of costs.

12.              File be consigned after due compliance.