Punjab

Ludhiana

CC/23/354

Arwinder Kaur - Complainant(s)

Versus

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

Sharwan Sehgal

14 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 354 dated 25.08.2023.                                                        Date of decision: 14.12.2023. 

Arwinder Kaur @ Arvinder Kaur Aged about 53 years Wife of Shri Paramjit Singh, Resident of House No.7012, St. No.11, Vishkarma Nagar, Inderpuri, Basti Jodhewal, Ludhiana.

Aadhar Card No.7447 1850 4435.

Mobile No.94785-26690.                                                                                                                                                                           ..…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

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

COUNSEL FOR THE PARTIES:

For complainant             :         Ms. Shruti, Advocate.

For OPs                          :         Exparte.

ORDER

PER MONIKA BHAGAT, MEMBER

1.                Briefly stated, the facts of the case are that on the allurement of the agent of the opposite parties, the complainant deposited a sum of Rs.16,000/- and Rs.16,000/- with the opposite parties in the shape of FDRs. Detail of the FDR is reproduced as under:-

The complainant further stated that she moved an application dated 17.05.2023 for premature withdrawal of FDRs. Thereafter, the complainant many times contacted the opposite parties for release of FDR amount but they prolonged the matter on one pretext or the other and finally refused to encash the FDR. 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 etc.

2.                Upon notice, none appeared on behalf of the opposite parties despite service and as such, the opposite parties were proceeded against exparte vide order dated 15.11.2023.

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 passbook of Punjab & Sind Bank, Ex. C2 is the copy of PAN Card of the complainant, Ex. C3 is the copy of letter dated 17.05.2023, Ex. C4 is the postal receipt, Ex. C5 is the copy of certificate No.411004320530, Ex. C6 is the copy of certificate No.411004320531 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 proved on record the copy of certificate Ex. C5 issued by the opposite parties at the time the amount of Rs.16,000/- as per certificate No. 411004320530 was invested on 02.07.2012 which was to be matured on  02.07.2027 with maturity amount of Rs.1,04,640/- issued by the opposite parties. Further, the complainant has proved on record the copy of certificate Ex. C6 issued by the opposite parties at the time the amount of Rs.16,000/- as per certificate No. 411004320531 was invested on 02.07.2012 which was to be matured on  02.07.2027 with maturity amount of Rs.1,04,640/- issued by the opposite parties Though the evidence has gone unrebutted on the file, the certificates Ex. C5 and Ex. C6 reveal that the complainant deposited Rs.16,000/- each with the opposite parties which was to be matured on 02.07.2027 with maturity amount of Rs.1,04,640/-. The complainant moved an application dated 17.05.2023 Ex. C3 to the opposite parties for premature withdrawal of the deposited amount. In these circumstances, it would be just and proper if the opposite parties are directed to refund the total deposited/invested amount of Rs.32,000/- (i.e. Rs.16,000/- each as per certificates Ex. C5 and Ex. C6) to the complainant along with interest @8% from 02.07.2012 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 exparte with an order that the opposite parties shall be jointly and severally liable to refund the total deposited/invested amount of Rs.32,000/- (i.e. Rs.16,000/- each as per certificates Ex. C5 and Ex. C6) to the complainant along with interest @8% from 02.07.2012 till date of actual payment. 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)          (Jaswinder Singh)                      (Sanjeev Batra)                          Member                            Member                                      President         

Announced in Open Commission.

Dated:14.12.2023.

Gobind Ram.