Haryana

Charkhi Dadri

CC/33/2023

Sandeep Arora - Complainant(s)

Versus

Sahara Credit Cooperative Society Limited through its Regional Manager Rohtak additional charge for - Opp.Party(s)

Sh. Suraj Kumar

22 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                          Complaint Case No. 33 of 2023

                                                         Date of Institution:  27.2.2023

                                                          Date of Decision:    22.04.2024      

 

Sandeep Arora aged 38 years son of Hansraj, resident of Gandhi Nagar, Charkhi Dadri, Tehsil & District Charkhi Dadri.    7015088824

 

                                                                   ….Complainant.

Versus

1. Regional Manager Rohtak additional charge for Charki Dadri, Sahara Credit Cooperative Society Limited, Sahara india Pariwar, Ganga Palace Complex, Subhash Road, Rohtak.
2. Area Manager, Sahara Credit Cooperative Society Limited, Shop no.13, Heera Panna Complex, Old Bus Stand Chowk, near Shri Ram Trust Dharamshala, Rohtak, District Rohtak-124001.
3. Sahara Credit Cooperative Society Limited Registered Office Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024 through  its M.D./CEO.
4. Ashok Kumar son of Jagdish (Master Ji), Nai by caste, resident of village Jhamri, near Baba Jai Ram Dass Mandir, Tehsil Matanhil, District Jhajjar.

 

1.  

 

                   COMPLAINT UNDER THE

                   CONSUMER PROTECTION ACT.

 

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

                Hon’ble Sh. Dharam Pa Rauhilla, Member.

 

Present:      Sh. Suraj Kumar, Adv. for complainant.

                   OP no.1 to 3 exparte vide order dt.10.07.2023

                   OP no.4 exparte vide order dt.18.10.2023.

 

ORDER:-

 

1.                Brief facts of the present complaint, according to the complainant, are that being attracted by the benefits as explained by the OP, the complainant had deposited amount of Rs. 10,000/-with the OPs on 26.04.2012 under Sahara E Shine Scheme vide certificate bearing No. 351005237669 for maturity value of Rs. 26,120/-on 26.04.2020. OPs have not made payment of maturity amount till February, 2023 The complainant got served a legal notice dated 17.02.2023 through Advocate to the OP no.4 but he did not pay any heed on the request for payment of maturity amount. But it is averred that the OPs failed to pay the said maturity amount to the complainant despite completion of entire required formalities for payment of maturity amount by the complainant.  It is prayed by the complainant that the OPs be directed to pay the maturity amount of certificate i.e. Rs. 26,120/-along with interest, compensation and the litigation expenses besides any other relief which this Commission may found deem fit and proper.

2.                Notice to the OP no.1 to 3 were sent through registered post and as per tracking report, the delivery of notice was found confirmed. But the OP no.1 to 3 failed to appear before the Commission and ultimately, the OP no.1 to 3 were proceeded against exparte vide order dated 10.07.2023 due to non-appearance before the Commission. 

3.                Written statement not filed by OP no.4 despite affording sufficient opportunities. Hence the defence of OP no.4 struck off. Later on, none had appeared on behalf of OP no.4. Hence, OP no.4 was also exparte vide order dt.18.10.2023

4.                In the evidence, the complainant tendered affidavit as Ex. CW-1/A and document Ex. C-1  to Ex.C-5 and closed the evidence on 31.10.2023.

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 in the present complaint, the complainant by filing his affidavit (Ex. CW-1/A), has corroborated the contents of her complaint as true and correct and further placed on record certificate No. 351005237669 (Ex. C-1) issued under Sahara E.Shine Scheme. On perusal of aforementioned certificate (Ex. C-1), we have observed that the amount of Rs. 10,000/- has been found deposited in the name of complainant under the said scheme and on the said short term certificate/FD (Ex. C-1), the maturity date as 26.04.2020 and the maturity amount as Rs. 26,120/- have been mentioned.

7.                From the unrebutted evidence of complainant produced in the form of certificate (Ex. C-1) and corroborated by affidavit (Ex. CW-1/A) filed by complainant, it is established that by not refunding the deposited amount on maturity date of the said scheme to the complainant, the OPs have acted in a deficient and negligent manner towards the complainant in not paying the maturity amount under the terms and conditions of the said scheme, so introduced by them (OPs).

8.                In the result, we hereby direct the OPs to pay the said maturity amount of Rs. 26,120/- (as mentioned on certificate Ex. C-1) to the complainant along with 9% p.a. rate of interest from the date of final maturity of said certificate i.e. 26.04.2020, till its final payment.

9.          The OPs is also directed to pay a sum of Rs. 3000/-(Rupees Three Thousand Only) on account of mental agony, harassment etc. and Rs. 3000/-(Rupees Three Thousand Only) as litigation expenses to the complainant. 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 to the record room after due compliance.