Haryana

Charkhi Dadri

CC/77/2023

Anu Radha - Complainant(s)

Versus

Sahara Credit Cooperative Society Lmt. through its Sector Manager - Opp.Party(s)

Sh. Rahul Kumar

22 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                          Complaint Case No. 77 of 2023

                                                         Date of Institution: 09.06.2023

                                                          Date of Decision:   22.04.2024

 

Anu Radha aged 33 years wife of Pawan Kumar, resident of 16^th A Cross 16^th Main Road, New Mico Layout, Hongasandra, Banglore Sough, Banglore, Karnataka-560068

 

                                                                   ….Complainant.

Versus

1. Sector Manager, Sahara Credit Cooperative Society Limited,Near Rose Garden Above Dr. Goyal Dental Clinic Charkhi Dadri, Tehsil & Distt. Charkhi Dadri.
2. Humara India Credit Cooperative Society Reg. Office Mangal Jyoti 101,227/2AJC Bose Road, Kolkata West Bangal-700020.

 

•  

 

                   COMPLAINT UNDER THE

                   CONSUMER PROTECTION ACT.

 

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

                Hon’ble Sh. Dharam Pal Rauhilla, Member.

 

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

                   OP no.1&2 exparte vide order dt.18.08.2023.

 

 

ORDER:-

              

                  AnuRadha (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 got opened an account No. 70466900090 on 23.10.2017 with the OPs under the scheme of HOME POINT of payment of Rs. 5000/-per month for the period of 60 months. The complainant got deposited the amount of Rs. 5000/-per month and deposited total amount of Rs. 65,000/- (13 installment) till 30.10.2018 It is averred that due to financial problem, the complainant could not continue the scheme and deposited 13 installment (i.e. total amount of Rs. 65,000/-). On the date of maturity on 13.10.2022, the maturity amount comes to Rs. 84,125/- and interest thereon.  But it is averred that despite completion of all the formalities, visits and requests of complainant, the respondents failed to pay the maturity amount to the complainant. Hence, by alleging deficiency in service on the part of respondents, the complainant seeks directions against the respondents to pay the maturity amount of Rs. 84,125/-along with interest, compensation and the litigation expenses besides any other relief which this Commission may found deem fit and proper.

2.                Upon notice issued through registered post, the OPs failed to appear before the Commission. Hence, the OP Nos. 1&2 vide order dated 18.08.2023 were proceeded against exparte due to their non-appearance before the Commission. 

3.                In the evidence, the complainant tendered affidavit as Ex. CW-1/A and documents Ex. C-1 to Ex. C-15 and closed the evidence on 06.03.2024.

 

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.

        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.

5.         We have observed that in the present complaint, the complainant has corroborated the contents of his complaint as true and correct, by filing his affidavit Ex. CW-1/A. It has been further observed that the counsel of complainant has further placed on record documents Ex. C-1 relating to A/c No. 70466900090 opened by the complainant under HOME POINT Scheme with the OPs on 23.10.2017 for term of 60 months for denomination amount of Rs. 5000/-P.M.  Perusal of document Ex. C-1 which is a Member Ledger Statement of account, shows that the complainant  deposited 13 installment of Rs. 5000/-P.M. each till 30.10.2018 and accordingly, deposited total amount of Rs. 65,000/-with the OPs as on 30.10.2018 and thereafter failed to deposit further installments as per the averments of complainant.

6.              On perusal of Recurring deposit documents Ex. C-1, it is clear that the same bear the name of the present complainant i.e. Anu Radha. So, by taking into consideration the said Recurring deposit documents  Ex. C-1 and taking into consideration the contents of affidavit Ex. CW-1/A filed by complainant as true and correct and the fact that the OPs have failed to file any written statement and failed to appear before the Commission, we are of the considered opinion 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, so introduced by them (OPs).

7.            So, by taking into consideration the aforesaid discussion, findings and observations, we are of the considered view that the OPs have failed to discharge their legal duties as enshrined qua the said scheme in terms of deposited amount of the complainant. We, therefore, direct the OPs to pay the maturity amount of A/c No. 70466900090 (as per ledger Account Ex. C-1 to the complainant and interest accrued thereupon as per HOME POINT Scheme) to the complainant, along with 9% p.a. rate of interest from the date of completion of tenure of said scheme, till its final payment.

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