Delhi

North East

CC/118/2021

Mrs. Ragini Saxena - Complainant(s)

Versus

sahara Credit cooperative Society Ltd. - Opp.Party(s)

23 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

Complaint Case No. 118/21

 

In the matter of:

 

	Mrs. Ragini Saxena W/o Sh. Mahender Kumar Saxena R/o   D 109A, St. No. 3, Bhajanpura, Delhi-110053	Complainant
	Versus
	Sahara Credit Cooperative Society Ltd. Through its Director D 57/1, Main Yamuna Vihar Road, Adarsh Market, North Ghonda, Delhi-110053	Opposite Party

 

DATE OF INSTITUTION:    JUDGMENT RESERVED ON:                       DATE OF ORDER:

09.09.21 13.03.23 23.11.23

CORAM:

Surinder Kumar Sharma, President

Adarsh Nain, Member

ORDER

Ms. Adarsh Nain, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

Case of the Complainant

1. The case of the Complainant is that on the enticement of the Opposite Party, the Complainant agreed to pay Rs. 5,04,000/- to Opposite Party and Opposite Party issued certificate no. 925009214856 policy named F2 Sahara A Select planon 08.12.18.The Opposite Party allegedly informed the Complainant that this policy was for 18 months and would mature on 08.06.20 and after maturity Rs. 5,86,152/- will be paid to the Complainant. The Complainant further stated that after maturity Complainant approached Opposite Party and requested to release the matured amount and Opposite Party sought time for the same. Thereafter, Complainant wrote letter dated 11.02.21 to manager of Opposite Party for getting the matured amount in her account but the matured amount was not given by Opposite Party. The Complainant has provided her bank details to Opposite Party and Opposite Party has not given proper response to the Complainant to the letter dated 11.02.21. The Complainant had also served legal notice to Opposite Party dated 20.02.21 and despite having received the legal notice Opposite Party  neither replied the notice nor paid her dues. Hence, this shows deficiency on the part of Opposite Party. Complainant has prayed to refund the matured amount of Rs. 5,86,152/- along with 12 % interest from the date of maturity till the date of realization.  She further prayed for Rs. 1,00,000/- for mental harassment and Rs. 21,000/- towards litigation cost.

Case of the Opposite Party

2. Opposite Party contested the case and filed its written statement taking preliminary objection that the Complainant is not consumer on the ground that Opposite Party is a Society and the complaint is not maintainable before this Commission as the activities of the society do not fall within the definition of service under consumer Act. It is also contended by the Opposite Party that Complainant must be put to strict proof of his claims and the Complainant is not entitled to any relief. It is also alleged that the payment could not be done due to non-submission of required documents by the Complainant and also the Complainant’s insistence for additional interest which was not payable under the scheme. It is prayed that the complaint be dismissed.

Rejoinder to the written statements of Opposite Party

3. The Complainant filed rejoinder to the written statement of Opposite Party wherein the Complainant has denied the objection raised by the Opposite Partyand has reiterated the assertion made in the complaint.

Evidence of the Complainant

4. The Complainant in support of her complaint filed her affidavit wherein she has supported the averments made in the complaint.

Evidence of the Opposite Party

5. Despite giving several opportunities to Opposite Party to file evidence, Opposite Party failed to file the evidence. Therefore, the evidence of Opposite Party was closed vide order dated 10.10.22.

Arguments and Conclusion

6. We have heard the Ld. Counsel for the Complainant. We have also perused the file and evidence of the Complainant.
7. The case of the Complainant is that the Complainant had purchased policy named F2 Sahara A Select plan by paying Rs. 5,04,000/- to Opposite Party and was allegedly assured by Opposite Party that after maturity Rs. 5,86,152/- will be paid the Complainant after 18 months.  It is alleged that the policy was matured on 08.06.20, however, the Opposite Party did not pay the matured amount in spite of repeated demands from the Opposite Party. It is her case that despite receiving all the documents pertaining to the claim, the Opposite Party did not release the matured amount till date, hence committed deficiency in services.
8. The Complainant has filed photocopy of the certificate issued by the Opposite Party in support of her case which mentions the amount of paid by the Complainant and the matured amount of Rs. 5,86,152/- to be paid by the Opposite Party on maturity date i.e. 08.06.2020. The allegation of the Complainant is that the Opposite Party has not paid the said matured amount.
9. As Opposite party has failed to file their evidence in support of their version, we are left with no option except to believe the version of the Complainant which is testified on oath. Moreover, in their reply, the Opposite Party has not denied to have issued such certificate to the Complainant saying that same is matter of record. The Opposite Party has only asked the commission to require the Complainant to prove the same which implies that Opposite Party does not have something concrete to dispute the subject certificate.
10. It is to be noted that the Opposite Party has raised the objection that the complaint was not maintainable as per the provisions of the Co-operative Act and also there is not relationship of Consumer with the Complainant. However, the Opposite Party has not led any evidence in support of their case.
11. In view of above discussion and the unrebutted and uncontroverted testimony of the Complainant regarding the deficiency of services on the part of OP, we are of the considered view that the Opposite party has been deficient in services by not providing the satisfactory services to the Complainant.
12. Therefore, the complaint is allowed and Opposite Party is directed to pay the maturity amount of Rs. 5,86,152/- along with interest @ 9% p.a. from the maturity date i.e. 08.06.2020 till its recovery on submission of original certificate by the Complainant to the Opposite Party. The Opposite Party shall also pay an amount of Rs. 25,000 /- to the Complainant on account of litigation expenses and harassment along with interest @ 9 % p.a. from the date of this order till its recovery. 
13. Order announced on 23.11.23.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Adarsh Nain)           Member

(Surinder Kumar Sharma) President