Punjab

Ludhiana

CC/23/361

Amandeep Kaur - Complainant(s)

Versus

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

Sharwan Sehgal

07 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 361 dated 31.08.2023.                                                        Date of decision: 07.03.2024. 

Amandeep Kaur, Aged about 26 years Daughter of Shri Paramjeet Singh, Resident of House No.7012, St. No.1, Vishkarma Nagar Inderpuri, Basti Jodhewal, Ludhiana.

Aadhar Card No.9978 4275 8057.

Mobile No.79736-84809.                                                                                                                                                                                     ..…Complainant

                                                Versus

1. Sahara Credit Cooperative Society Limited, Registered office at Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024, through its Director.

Complaint Under Section 35 of the Consumer Protection Act, 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

MS. MONIKA BHAGAT, MEMBER

COUNSEL FOR THE PARTIES:

For complainant             :         Ms. Shruti Sethi, Advocate.

For OPs                          :         Sh. Sandeep Kumar, Advocate (Right of the                                                         OPs to file written statement already                                                             extinguished vide order dated 12.01.2024) 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                Briefly stated, the facts of the case are that the complainant is grandniece of Smt. Inderjit Kaur, who expired on 20.12.2018.  The complainant was nominee of Smt. Inderjit Kaur in the FDRs invested with the opposite parties. The agent of OP3 allured deceased Smt. Inderjit Kaur to deposit the money with the OPs and as such, she deposited a sum of Rs.1,17,000/-, Rs.17,877/- i.e. total Rs.1,34,877/- with the OPs in the shape of FDRs. Detail of the FDRs is reproduced as under:-

On completion of the FDRs period, the complainant contacted the opposite parties to release the amount deposited by Smt. Inderjit Kaur but they prolonged the matter on one pretext or the other and refused to honour their legal liability. Therefore, the complainant filed the present complaint asserting that the act and conduct of the opposite parties amounts to deficiency of service and further prayed for paying the maturity amount along with interest and compensation to the tune of Rs.5,00,000/- on account of mental pain, agony and harassment.

2.                Upon notice, Sh. Sandeep Kumar, Advocate appeared and filed memo of appearance on behalf of the opposite parties but thereafter, failed to file regular power of attorney along with written statement affidavit and documents despite grant of sufficient opportunity and as such, the right of the opposite parties to file written statement already extinguished vide order dated 12.01.2024.

3.                In evidence, the complainant tendered her affidavit as Ex. CA and reiterated her averments of the complaint. The complainant also placed on record Ex. C1 is the copy of her Aadhar Card, Ex. C2 is the copy of Death Certificate of Smt. Inderjit Kaur, Ex. C3 is the copy of passbook of HDFC Bank Ltd. in the name of the complainant, Ex. C4 is the copy of PAN Card of the complainant, Ex. C5 is the copy of certificate No. 925007321142, Ex. C6 is the copy of certificate No. 787002142251 and closed the evidence.

4.                We have heard the counsel for the complainant and also gone through the complaint, affidavit and documents annexed by the complainant.

5.                In her affidavit Ex. CA, the complainant has reiterated the entire case as set forth in the complaint. The complainant has further proved on record the copy of certificate Ex. C5 vide which Smt. Inderjit Kaur deposited Rs.1,17,000/- issued by the opposite parties and certificate Ex. C6 vide which Smt. Inderjit Kaur deposited Rs.17,877/- issued by the opposite parties. Though the evidence has gone unrebutted on the file, the certificate Ex. C5 bearing No. 925007321142 reveals that Smt. Inderjit Kaur deposited Rs.1,17,000/- on 01.12.2017 which was to be matured on 01.06.2019 with maturity amount of Rs.1,36,071/- and further the certificate Ex. C6 bearing No. 787002142251 reveals that Smt. Inderjit Kaur deposited Rs.17,877/- on 19.11.2018 which was to be matured on 19.05.2020 with maturity amount of Rs.20,934/-. The complainant has been shown to be the nominee of Smt. Inderjit Kaur in these certificates Ex. C5 and Ex. C6.  In these circumstances, it would be just and proper if the opposite parties are directed to pay the maturity amount of Rs.1,36,071/- and Rs.20,934/- as per certificates Ex. C5 and Ex. C6 along with interest @8% from 01.06.2019 and 19.05.2020 respectively till date of actual payment along with composite costs of Rs.10,000/-.

6.                As a result of above discussion, the complaint is partly allowed with an order that the opposite parties shall be jointly and severally liable to pay the maturity amount of Rs.1,36,071/- and Rs.20,934/- as per certificates Ex. C5 and Ex. C6 along with interest @8% from 01.06.2019 and 19.05.2020 respectively till date of actual payment to the complainant within 30 days from the date of receipt of copy of order. The opposite parties shall further pay a composite compensation of Rs.10,000/- (Rupees Ten Thousand only) to the complainant. Compliance of order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

(Monika Bhagat)                                (Sanjeev Batra) 

Member                                             President  

Announced in Open Commission.

Dated:07.03.2024.

Gobind Ram.