Punjab

Ludhiana

CC/23/92

Amrik Singh - Complainant(s)

Versus

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

Paramjit Singh Adv

15 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:  92 dated 02.03.2023.                                                         Date of decision: 15.09.2023.                                                                                                           

Amrik Singh aged about 68 years son of Rattan Singh, resident of Village Baddowal, Near Pamal Road, Ludhiana-142021. (Mobile No.95926-51704)                                                                                            ..…Complainant

                                                Versus

1. Sahara Credit Cooperative Society Limited, Branch Office Situated at B-   1/367, Guru Nanakpura, Kailash Chownk, Civil Line, Ludhiana-141001, through its Branch Manager/Authorized person.
2. Sahara Credit Cooperative Society Limited, Regd. Office at Sahara India Bhavan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024, through its Managing Director/Authorized person.                                                                                                                         …..Opposite parties 

Complaint Under Section 35 of the Consumer Protection Act.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. P.S. Chawla, Advocate.

For OPs                          :         Sh. Sandeep Kumar, Advocate (Right of the                                                         OPs to file written statement already                                                             extinguished vide order dated 17.07.2023)

                  

ORDER

PER JASWINDER SINGH, MEMBER

 

1.                Briefly stated, the facts of the case are that the opposite parties are duly registered financial institution under Multistate Co-operative Society Act, 2002. The representative of opposite party No.1 met and apprised the complainant to invest in their plan to get benefits, upon which the complainant vide membership No.27031600915  took SAHARA I. SELECT plan of the opposite parties  and deposited amount of Rs.59,641/- vide receipt No.80815584484 dated 08.05.2019 in account No.27037800384 and deposited amount of Rs.60,276/- vide receipt No.80815584485 dated 08.05.2019 in account No.27037800385 with opposite party No.1 for a period of 36 months and the complainant shall be entitled for the amount of Rs.83,796/- and Rs.84,688/- respectively on 08.05.2022. On 01.02.2023, the complainant lastly visited opposite parties to release the agreed maturity amount but they did not respond and dilly delayed the matter on one pretext or the other. Therefore, the complainant filed the present complaint asserting that the act and conduct of the opposite parties amounts to deficiency in service and further prayed for refund of the amount of Rs.1,68,484/- along with interest and to pay compensation to the tune of Rs.25,000/- on account of mental agony, harassment and distress. The complainant also claimed litigation expenses of Rs.11,000/-.

2.                Upon notice, Sh. Sandeep Kumar, Advocate appeared and filed power of attorney on behalf of the opposite parties but thereafter, failed to file 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 17.07.2023

3.                In evidence, the complainant tendered his affidavit as Ex. CA and reiterated his averments of the complaint. The complainant also placed on record Ex. C1 and Ex. C2 are the copies of certificates, Ex. C3 is the copy of contribution receipt issued by the opposite parties 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 his 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. C1 vide which the complainant deposited Rs.60,276/- on 08.05.2019 which was to be matured on  08.05.2022 with maturity amount of Rs.84,688/-, the copy of certificate Ex. C2 vide which the complainant deposited Rs.59,641/- on 08.05.2019 which was to be matured on 08.05.2022 with maturity amount of Rs.83,796/- each issued by the opposite parties. Though the evidence has gone unrebutted on the file, the certificates Ex. C1 and Ex. C2 reveal that the complainant deposited Rs.60,276/- and Rs.59,641/- on 08.05.2019 respectively with the opposite parties which were to be matured on 08.05.2022 with maturity amount of Rs.84,688/- and Rs.83,796/- respectively. In these circumstances, it would be just and proper if the opposite parties are directed to refund the maturity amount of Rs.84,688/- and Rs.83,796/- along with interest @8% from 08.05.2022 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 refund the maturity amount of Rs.84,688/- and Rs.83,796/- along with interest @8% from 08.05.2022 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.

 

(Jaswinder Singh)                             (Sanjeev Batra)               Member                                         President  

 

Announced in Open Commission.

Dated:15.09.2023.

Gobind Ram.