Delhi

North East

CC/184/2021

Sh. Pradeep Kumar Garg - Complainant(s)

Versus

Sahara credit Cooperative Society Ltd. - Opp.Party(s)

13 Jun 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. 184/21

 

In the matter of:

 

	Shri Pradeep Kumar Garg, S/o Sh. Ved Prakash Garg R/o H. No. 1/5703, Gali No. 18, Balbir Nagar, Shahdara Delhi 110032	Complainant
	Versus
	Sahara Credit Co-operative Society Ltd., Through its Manager/Principal Officer 678, 2nd Floor, Ekta House, Kabool Nagar, Shahdara, Delhi 110032 Redg. Office Sahara India Bhawan 1, Kapoorthala Complex, Aliganj, Lucknow 226024	Opposite Party

 

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

03.12.2021 16.05.2023 13.06.2023

 

CORAM:

Surinder Kumar Sharma, President

Adarsh Nain, Member

ORDER

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 as revealed from the record is that on 07.09.15 Opposite Party issued certificate bearing no. 765000236445 to Complainant for a sum of Rs. 50,000/- vide receipt no. 80505193911 account no. 18025601366 for period of 72 months and assured Complainant that maturity amount of  Rs.1,00,000/- shall be paid to him on 07.09.21. After completion of 72 months, Complainant contacted Opposite Party and request to Opposite Party to pay the maturity amount and Opposite Party sought time to pay the maturity value to Complainant. The Complainant contacted Opposite Party several times to pay maturity value but Opposite Party avoided the request of Complainant on one pretext or other. The Complainant stated that he had sent a legal notice to Opposite Party dated 09.11.21 through registered post and speed post despite service neither Opposite Party complied the legal notice or gave any reply. Hence, this shows deficiency on the part of Opposite Party. Complainant has prayed for Rs. 1,00,000/- with interest @ 18 % p.a. and Rs. 1,00,000/- for mental harassment. He further prayed for Rs. 11,000/- towards litigation expenses.

Case of the Opposite Party

2. Opposite Party contested the case and filed its written statement. The Opposite Party has raised the objection that it is a Society the complaint is not maintainable before this Commission. 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 prayed that the complaint be dismissed.

Rejoinder to the written statement of Opposite Party

3. The Complainant filed rejoinder along with affidavit to the written statement of Opposite Party wherein the Complainant has denied the pleas raised by the Opposite Party and has reiterated the assertion made in the complaint

Evidence of the Complainant

4. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint. He has also relied upon the documents filed along with the complaint.

Evidence of the Opposite Party

5. Despite being afforded sufficient time, Opposite Party failed to file their evidence by way of affidavit, hence, their defence was closed vide order dated 22.02.2023.

Arguments and Conclusion

6. We have heard the Complainant. We have also perused the file and ex parte evidence of the complainant.
7. We have considered the contentions of the Complainant and also perused the record of the file.
8. The Complainant has testified on oath that Opposite Party issued certificate bearing no. 765000236445 to Complainant for a sum of Rs. 50,000/- vide receipt no. 80505193911 account no. 18025601366 for period of 72 months and assured Complainant that maturity amount of Rs.1,00,000/- shall be paid to him on 07.09.21 after completion of 72 months. The Complainant has placed on record copy of certificate which corroborates the Complainant’s claim. The certificate also contains the maturity amount of Rs. 1,00,000/-. As Opposite Party has not contested the case and failed to file their version, we are left with no option except to believe the version of the Complainant which is testified on oath.
9. 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 no relationship of Consumer with the Complainant. However, the Opposite Party has not led any evidence in support of their case. 
10. In view of above discussion and the unrebutted and uncontroverted testimony of the Complainant regarding the deficiency of services on the part of Opposite Party, we are of the considered view that the Opposite Party has been deficient in services by not providing the satisfactory services to the Complainant.
11. In view of the above discussion, the complaint is allowed. The Opposite Party is directed to pay maturity amount of Rs. 1,00,000/-. along with interest @ 6 % p.a. from 07.09.21, the date of maturity till its recovery. 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 @ 6 % p.a. from the date of this order till its recovery. 
12. Order announced on 13.06.2023.

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