Versus
- Sahara Credit Cooperative Society Limited through its authorized signatory/Managing Directors Regd. Office: Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lakhnow-226024.
- Sahara Credit Cooperative Society Limited through its BranchManager. B-1/367, Guru Nanakp-ura, Opposite Petrol Pump, Near Kailash Cinema Chowk, Civil Lines, Ludhiana-141001. …..Opposite parties
Complaint Under Section 35 of the Consumer Protection Act.
QUORUM:
SH. SANJEEV BATRA, PRESIDENT
SH. JASWINDER SINGH, MEMBER
MS. MONIKA BHAGAT, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Sh. Parmish Kumar, Advocate.
For OPs : Exparte.
ORDER
PER MONIKA BHAGAT, MEMBER
1. Briefly stated, the facts of the case are the opposite party No.1 approached the complainant and allured him that their company is providing high returns under fixed deposit schemes. Acting upon the words of agents, the complainant opened a fixed deposit of Rs.56000/- having certificate No.351006246894 under receipt No.80353721599 for a period of 96 months under the plan “Sahara E Shine”. The opposite parties assured the complainant that after the maturity of the said deposits, they shall be bound to pay the maturity amount to the complainant. On the completion of the maturity period, the complainant approached the opposite parties to release the agreed maturity amount along with interest but initially they kept the matter pending on one pretext and another. The agreed amount along with interest was not disbursed despite complainant’s repeated requests and visits to the office of the opposite parties. The complainant served a legal notice dated 01.07.2022 through registered post but to no avail. 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 direction to the opposite parties to make the payment of Rs.1,46,272/- along with interest @18% per annum and compensation to the tune of Rs.50,000/- on account of mental agony, harassment and distress. The complainant also claimed Rs.33,000/- as litigation expenses.
2. Notice was sent to the opposite parties through registered post on 06.09.2022 but the same was not received back either served or unserved even after elapse of period of 30 days. As such, the opposite parties were proceeded against exparte vide order dated 04.11.2022.
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. A1 is copy of certificate dated 23.01.2014, Ex. A2 is the receipt dated 23.01.2014, Ex. A3 is the legal notice dated 01.07.2022, Ex. A4 and Ex. A5 are the postal receipts, Ex. A6 is the copy of aadhar card of the complainant 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 receipt Ex. A1 and Ex. A2issued by the opposite parties at the time the amount of Rs.56,000/- was invested. Though the exparte evidence has gone unrebutted on the file, the certificate/receipt Ex. A1 and Ex. A2 reveals that the maturity amount of Rs.1,46,272/- has been mentioned therein with date of maturity 23.01.2022. Rate of interest is not mentioned in the receipt/certificate Ex. A1 and Ex. A2. It has been claimed that the amount was invested for a period of 96 months. In these circumstances, it would be just and proper if the opposite parties are directed to pay the maturity amount of Rs.1,46,272/- along with interest @8% from 23.01.2022 till date of actual payment along with composite costs of Rs.7,000/-.
6. As a result of above discussion, the complaint is allowed exparte with an order that the opposite parties shall be jointly and severally liable to pay the maturity amount of Rs.1,46,272/- along with interest @8% from 23.01.2022 till date of actual payment. The opposite parties shall further pay a composite compensation of Rs.7,000/- (Rupees Seven 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:18.01.2023.
Gobind Ram.
Dayanand Mehto Vs Sahara Credit Coop. Society Limited CC/22/327
Present: Sh. Parmesh Kumar, Advocate for complainant.
OPs exparte.
Learned counsel for the complainant closed evidence after tendering affidavit Ex. CA along with documents Ex. A1 to Ex. A6.
Arguments heard. Vide separate detailed order of today, the complaint is allowed exparte with an order that the opposite parties shall be jointly and severally liable to pay the maturity amount of Rs.1,46,272/- along with interest @8% from 23.01.2022 till date of actual payment. The opposite parties shall further pay a composite compensation of Rs.7,000/- (Rupees Seven 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:18.01.2023.
Gobind Ram.
