Haryana

Charkhi Dadri

CC/29/2023

Saurabh - Complainant(s)

Versus

Sahara Credit Cooperative Society Limited through Regional Manager Rohtak Additional Charge of Chark - Opp.Party(s)

Sh. Suraj Kumar

09 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                          Complaint Case No. 29 of 2023

                                                         Date of Institution: 13.02.2023

                                                          Date of Decision:    09.04.2024      

 

Saurabh aged 26 years son of Naveen Gupta, resident of Gandhi Nagar, Charkhi Dadri, Tehsil & District Charkhi Dadri

 

                                                                   ….Complainant.

Versus

1. Regional Manager, Rohtak Additional charge for Charkhi Dadri, Sahara Credit Cooperative Society Ltd. 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 Dharamshalla, Rohtak, District Rohtak-124001.
3. Sahara Credit Cooperative Society Ltd. Registered Office Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024.

 

1.  

 

                   COMPLAINT UNDER THE

                   CONSUMER PROTECTION ACT.

 

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

                   Hon’ble Sh. Dharam Pal Rauhilla, Member.

 

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

                   OP no.1&3 exparte vide order dt.15.06.2023.

                   OP no.2 exparte vide order dt. 18.09.2023

 

ORDER:-

              

1.                Brief facts of the present complaint, according to the complainant, are that being attracted by the benefits as explained by the OPs, the complainant had deposited amount of Rs. 50,000/-with the OPs on 09.07.2015 for a period of 72 months under Sahara H. Shine Scheme and for this purpose, the OPs issued certificate bearing account No. 70465601039 for maturity value of Rs. 1,04,100/-on 09.07.2021. It is averred that the complainant is entitled for total maturity amount of Rs. 1,04,100/- after the maturity period of said certificate/FD. 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. 1,04,100/- 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&3 were sent through registered post and as per tracking report, the delivery of notice was found confirmed. But the OP no.1&3 have failed to appear before the Commission and ultimately, the OP no.1&3 were proceeded against exparte vide order dated 15.06.2023 due to non-appearance before the Commission.

                   Notice to the OP no.2 was sent through registered post and as per tracking report, the delivery of notice was found confirmed. But the OP no.2 failed to appear before the Commission and ultimately, the OP no.2 was proceeded against exparte vide order dated 18.09.2023 due to non-appearance before the Commission.

3.              In the evidence, the complainant tendered affidavit as Ex. CW-1/A and documents Ex. C-1 & Ex.C2 and closed the evidence on 08.11.2023.

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.

4.                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.

5.                We have observed that in the present complaint, the complainant by filing his affidavit (Ex. CW-1/A), has corroborated the contents of his complaint as true and correct and further placed on record certificate No. 914002040687 (Ex. C-1) issued under Sahara H. Shine Scheme for 72 months. On perusal of aforementioned certificate (Ex. C-1), we have observed that the amount of Rs. 50,000/- on 09.07.2015 was found deposited in the name of complainant under the said scheme for 72 months. On the said short term certificate/FD (Ex. C-1), the maturity date as 09.07.2021 and the maturity amount payable as Rs. 1,04,100/- is mentioned.

6.                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 seems to 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.

7.                In the result, we hereby direct the OPs to pay the said maturity amount of Rs. 1,04,100/- (as mentioned on certificate Ex. C-1) to the complainant along with 9% p.a. rate of interest from the date of maturity of said certificate i.e. 09.07.2021, till its final payment.

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

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

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

11.              File be consigned after due compliance.