Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 655
Instituted on : 18.11.2022
Decided on : 27.09.2023
Ranbir s/o Sh. Rattan Singh r/o Village Jassia, District Rohtak.
………..Complainant.
Vs.
- Sahara Credit Co operative Society Limited, Registered office Sahara India Bhawan 1, Kapoorthala Complex, Aliganj, Lucknow-226024.
- Ajay Vashisht Code No.249110623 FC Guardian Farmana, District Sonepat.
……….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: Complainant in person.
Sh. Jasvir Kundu, Advocate for opposite parties.(Defence struck off VOD 16.06.2023)
ORDER
VIJENDER SINGH, MEMBER:
1. Brief facts of the case as per complainant are that the complainant had opened an account no. 53195101666 with opposite party no. 1 through opposite party no. 2 Ajay Vashisht having code No. 249110623 FC Guardian on 31.12.2014 under Scheme Sahara G. Anokha. It is further submitted that he deposited a sum of Rs.6300/- quarterly through opposite party no. 2 upto 72 months in 24 installments. After the date of maturity in June 2021, complainant approached to the opposite parties for getting the maturity amount but the opposite party no. 2 has refused to refund the said amount. The act and conduct of the opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the deposited amount.
2. On notice, opposite parties appeared and but failed to file reply despite availing sufficient opportunities. Hence defence of opposite parties was struck off vide order dated 16.06.2023 of this Commission.
3. Complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C26 and closed his evidence on 28.07.2023.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present case it is not disputed that as per receipt Ex.C1 to Ex.C24, complainant had deposited the amount of Rs.6300/- each vide Certificates as under:-
Sr. No. | Initial amount in rupees | Date of Deposit | Certificate No./Account No. | Scheme & Name of Society |
1. | 6300 | 31.12.2014 | 042001028099 | SAHARA G Anokha-7 |
2. | 6300 | 13.03.2015 | 080456763840 | SAHARA G Anokha-7 |
3 | 6300 | 12.06.2015 | 080487748951 | SAHARA G Anokha-7 |
4 | 6300 | 12.09.2015 | 080516045106 | SAHARA G Anokha-7 |
5 | 6300 | 07.12.2015 | 080541388006 | SAHARA G Anokha-7 |
6 | 6300 | 10.03.2016 | 080562412541 | SAHARA G Anokha-7 |
7 | 6300 | 07.06.2016 | 080582408111 | SAHARA G Anokha-7 |
8 | 6300 | 07.09.2016 | 080595854813 | SAHARA G Anokha-7 |
9 | 6300 | 30.12.2016 | 080622407369 | SAHARA G Anokha-7 |
10 | 6300 | 07.04.2017 | 080656600053 | SAHARA G Anokha-7 |
11 | 6300 | 23.06.2017 | 080665646558 | SAHARA G Anokha-7 |
12 | 6300 | 06.09.2017 | 080707387339 | SAHARA G Anokha-7 |
13 | 6300 | 01.12.2017 | 080711839487 | SAHARA G Anokha-7 |
14 | 6300 | 09.03.2018 | 080735916024 | SAHARA G Anokha-7 |
15 | 6300 | 14.06.2018 | 080758255312 | SAHARA G Anokha-7 |
16 | 6300 | 05.09.2018 | 080782717414 | SAHARA G Anokha-7 |
17 | 6300 | 12.12.2018 | 080797634728 | SAHARA G Anokha-7 |
18 | 6300 | 07.03.2019 | 080802880974 | SAHARA G Anokha-7 |
19 | 6300 | 15.06.2019 | 080824937181 | SAHARA G Anokha-7 |
20 | 6300 | 14.09.2019 | 080853237288 | SAHARA G Anokha-7 |
21 | 6300 | 07.12.2019 | 080857877541 | SAHARA G Anokha-7 |
22 | 6300 | 15.02.2020 | 080883993569 | SAHARA G Anokha-7 |
23 | 6300 | 20.06.2020 | 080888729378 | SAHARA G Anokha-7 |
24 | 6300 | 30.09.2020 | 080874285031 | SAHARA G Anokha-7 |
Through these certificates the complainant had deposited total amount of Rs. 1,51,200/-. After the maturity of amount, complainant requested the opposite parties to refund the alleged amount alongwith interest but the alleged amount has not been paid by the opposite parties to the complainant despite his repeated requests. On the other hand, the opposite parties failed to file any reply despite availing sufficient opportunities and hence the defence of the opposite parties was struck off. As such it is presumed that they have nothing to say in the matter and all the allegations leveled by the complainant regarding not refunding the maturity amount stands proved. Hence there is deficiency in service on the part of opposite parties and opposite parties no.1 & 2 are jointly and severally liable to refund the alleged amount to the complainant.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party no.1 & 2 jointly and severally to pay the amount deposited by the complainant through FDRs Ex.C1 to Ex.C24 amounting to Rs.6300/-(Rupees Six thousand three hundred only) each alongwith interest @ 9% p.a. from the date of their respective deposits 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 complainant. Order shall be complied within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
27.09.2023.
..................................................................
Nagender Singh Kadian, President
…………………………………..
Tripti Pannu, Member.
………………………………….
Vijender Singh, Member.
