Punjab

Ludhiana

CC/23/106

Deepika Goyal - Complainant(s)

Versus

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

Manoj Lekhi

03 Apr 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:  106 dated 13.03.2023.                                                       Date of decision: 03.04.2024. 

 

Deepika Goyal W/o. Sh. Munish Kumar, aged 41, R/o. House No.8142/2, Street No.12, Gurpal Nagar, Miller Ganj, District Ludhiana, Ludhiana, Punjab-141003. Mob. No.98151-75300.                                                                                                                                                     ..…Complainant

                                                Versus

1. Sahara Credit Cooperative Society Limited, Regd. Office: Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow, Uttar Pradesh-226024, through its Director/M.D/C.E.O.
2. Sahara Credit Cooperative Society Limited, Kailash Chowk, Ludhiana, Through its Manager/Authorized Signatory.
3. Sahara Credit Cooperative Society Limited, Opposite Grand Marian Hotel, Dugri Road, Ludhiana, Through its Manager/Authorized Signatory.  
4. Sahara Credit Cooperative Society Limited, Bal Tower, 2^nd Floor, Near Dada Moter, G.T. Delhi Road, District Ludhiana, Through its Manager/Authorized Signatory.                                                                                                                                        …..Opposite parties 

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

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Manoj Lekhi, Advocate.

For OP1                         :         Exparte.

For OP2 to OP4             :         None. (Right to file written statement stands                                                          already extinguished vide order dated                                                                    18.01.2024)

 

ORDER

PER MONIKA BHAGAT, MEMBER

 

1.                Briefly stated, the facts of the case are that on the inducement of officials of the opposite parties of handsome return and timely payment, the complainant availed plan in the shape of FDRs from the OPs, the details of which is reproduced as under:-

i) Certificate No. 418-000675081, Account No. 69877801059 dated 19.10.2019 for Rs. 26,487/- in SAHARA WORKERS SC plan.

ii) Certificate No. 418-000675093, Account No. 69877801374 dated 31.12.2019 for Rs. 42,623/- in SAHARA WORKERS SC plan.

iii) Certificate No. 418-000675100, Account No. 69877801405 dated 31.12. 2019 for Rs. 1,475/- in SAHARA WORKERS SC plan.

iv) Certificate No. 418-000675054, Account No. 69877800788 dated 23.07.2019 for Rs. 9,941/- in SAHARA WORKERS SC plan.

v) Certificate No. 418-000675053, Account No. 69877800787 dated 23.07.2019 for Rs. 16,741/- in SAHARA WORKERS SC plan.

vi) Certificate No. 418-000675055, Account No. 69877800789 dated 23.07.2019 for Rs. 5,155/- in SAHARA WORKERS SC plan.

 

vii) Certificate No. 418-000675052, Account No. 69877800786 dated 23.07.2019 for Rs. 28,083/- in SAHARA WORKERS SC plan.

viii) Certificate No. 418-000675099,  Account No. 69877801404 dated 31.12.2019 for Rs.19,120/ in SAHARA WORKERS SC plan.

(ix) Certificate No. 715-002238061, Account No. 69877801425 dated 31-12-2019 for Rs.1,08,566/- in SAHARA Sahara .I. SELECT plan.

(x) Certificate No. 418-000384290, Account No. 69877201199 dated 30.08.2018 for Rs.46,552/- in SAHARA WORKERS SC plan.

xi) Certificate No. 418-000384227, Account No. 69877200554 dated 28.04.2018 for Rs. 17,685/- in SAHARA WORKERS SC plan.

xii) Certificate No. 418-000384226, Account No. 69877200553 dated 08.04.2018 for Rs. 17,685/- in SAHARA WORKERS SC plan.

xiii) Certificate No.418-000384228, Account No69877200555 dated 28.04.2021 for Rs.17,685/- in SAHARA WORKERS SC plan.

xiv) Certificate No. 418 -000384230, Account No. 69877200557 dated 28.04.2021 for Rs. 17,685/-/ in SAHARA WORKERS SC plan.

xv) Certificate No. 418 -000384229 , Account No. 69877200556 dated 28.04.2021 for Rs. 17,685 /- in SAHARA WORKERS SC plan.

xvi) Certificate No. 787-003102033, Account No. 69877201121 dated 09.08.2018 for Rs.5, 842/- in SAHARA SPECIAL FIX plan.

xvii) Certificate No. XXX, Account No. 69877200950 dated  07.07.2018 for Rs.2,100/- pm for 72 Month in SAHARA G.ANOKHA plan..

The complainant approached and requested the opposite parties to encash the above said FDRs but they kept the matter dilly delayed on false pretext. Due to non-encashment of FDRs amount by the opposite parties, the complainant has suffered mental pain, agony and harassment etc. 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 making payment of proceeds of the said FDRs and to pay compensation to the tune of Rs.1,00,000/- on account of mental agony, harassment and distress. The complainant also claimed litigation expenses of Rs.11,000/-.

2.                Notice to opposite party No.1 sent through registered post was received with report of refusal and as such, opposite party No.1 was proceeded against exparte vide order dated 09.06.2023.

3.                Upon notice, Sh. Pankaj Sood, Advocate appeared and filed memo of appearance on behalf of the opposite parties No.2 to OP4 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 opposite parties No.2 to OP4 to file written statement already extinguished vide order dated 18.01.2024.

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 and Ex. C3 is the copy of passbook bearing account No.69877200950, Ex. C4 to Ex. C19 are the copies of certificates 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. C4 vide which the complainant deposited Rs.19,900/- on 19.10.2019 with the OPs, copy of certificate Ex. C5 vide which the complainant deposited Rs.32,023/- on 31.12.2019 with the OPs, copy of certificate Ex. C6 vide which the complainant deposited Rs.1108/- on 31.12.2019 with the OPs, copy of certificate Ex. C7 vide which the complainant deposited Rs.7469/- on 23.07.2019 with the OPs, copy of certificate Ex. C8 vide which the complainant deposited Rs.12,578/- on 23.07.2019 with the OPs, copy of certificate Ex. C9 vide which the complainant deposited Rs.3873/- on 23.07.2019 with the OPs, copy of certificate Ex. C10 vide which the complainant deposited Rs.21,099/- on 23.07.2019 with the OPs, copy of certificate Ex. C11 vide which the complainant deposited Rs.14,365/- on 31.12.2019 with the OPs,  copy of certificate Ex. C12 vide which the complainant deposited Rs.77,271/- on 31.12.2019 with the OPs, copy of certificate Ex. C13 vide which the complainant deposited Rs.34,975/- on 30.08.2018 with the OPs, copies of certificates Ex. C14 to Ex. C18 vide which the complainant deposited Rs.13,287/- each on 28.04.2018 with the OPs and copy of certificate Ex. C19 vide which the complainant deposited Rs.5842/- on 09.08.2018 with the OPs. Though the evidence has gone unrebutted on the file, it is revealed that the complainant  vide certificate Ex. C4 deposited Rs.19,900/- on 19.10.2019 having maturity amount Rs.26,487/- to be matured on 19.10.2022, vide certificate Ex. C5 deposited Rs.32,023/- on 31.12.2019 having maturity amount of Rs.42,623/- to be matured on 31.12.2022, vide certificate Ex. C6 deposited Rs.1108/- on 31.12.2019 having maturity amount of Rs.1475/- to be matured on 31.12.2022, vide certificate Ex. C7 deposited Rs.7469/- on 23.07.2019 having maturity amount of Rs.9941/- to be matured on 23.07.2022,  vide certificate Ex. C8 deposited Rs.12,578/- on 23.07.2019 having maturity amount of Rs.16,741/- to be matured on 23.07.2022, vide certificate Ex. C9 deposited Rs.3873/- on 23.07.2019 having maturity amount of Rs.5155/- to be matured on 23.07.2022, vide  Ex. C10 deposited Rs.21,099/- on 23.07.2019 with the OPs having maturity amount of Rs.28,083/- to be matured on 23.07.2022,  vide certificate Ex. C11 deposited Rs.14,365/- on 31.12.2019 having maturity amount of Rs.19,120/- to be matured on 31.12.2022,  vide certificate Ex. C12 deposited Rs.77,271/- on 31.12.2019 having maturity amount of Rs.1,08,566/- to be matured on 31.12.2022, vide certificate Ex. C13 deposited Rs.34,975/- on 30.08.2018 having maturity amount of Rs.46,552/- to be matured on 30.08.2021, vide certificates Ex. C14 to Ex. 18 deposited Rs.13,287/- each on 28.04.2018 having maturity amount of Rs.17,685/- each to be matured on 28.04.2021 and vide certificate Ex. C19 deposited Rs.5842/- on 09.08.2018 having maturity amount of Rs.6841/- to be matured on 09.02.2020 @11% per annum. However, rate of interest has been mentioned on these certificates. Even the copies of passbook Ex. C2 and Ex. C3 do not reflect any deposited amount, date of deposit, maturity amount and maturity date. In these circumstances, it would be just and proper if the opposite parties are directed to pay the maturity amount of Rs.26,487/- deposited through certificate Ex. C4 along with interest @8% per annum from 31.12.2022 till date of actual payment, to pay maturity amount of Rs.42,623/- deposited through certificate Ex. C5 along with interest @8% per annum from 19.10.2022 till date of actual payment, to pay maturity amount of Rs.1475/- deposited through certificate Ex. C6 along with interest @8% per annum from 31.12.2022 till date of actual payment, to pay maturity amount of Rs.9941/- deposited through certificate ex. C7 along with interest @8% per annum from 23.07.2022 till date of actual payment, to pay maturity amount of Rs.16,741/- deposited through certificate Ex. C8 along with interest @8% per annum from 23.07.2022 till date of actual payment, to pay maturity amount of Rs.5155/- deposited through certificate Ex. C9 along with interest @8% per annum from 23.07.2022 till date of actual payment, to pay maturity amount of Rs.28,083/- deposited through certificate Ex. C10 along with interest @8% per annum from 23.07.2022 till date of actual payment, to pay maturity amount of Rs.19,120/- deposited through certificate Ex. C11 along with interest @8% per annum from 31.12.2022 till date of actual payment, to pay maturity amount of Rs.1,08,566/- deposited through certificate Ex. C12 along with interest @8% per annum from 31.12.2022 till date of actual payment, to pay maturity amount of Rs.46,552/- deposited through certificate Ex. C13 along with interest @8% per annum from 30.08.2021 till date of actual payment, to pay maturity amount of Rs.17,685/- each deposited through certificate Ex. C14 to Ex. C18 along with interest @8% per annum from 28.04.2021 till date of actual payment and to pay maturity amount of Rs.6841/- deposited through certificate Ex. C19 along with interest @11% per annum from 09.02.2020 till date of actual payment. The OPs are also burdened 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.26,487/- deposited through certificate Ex. C4 along with interest @8% per annum from 19.10.2022 till date of actual payment, to pay maturity amount of Rs.42,623/- deposited through certificate Ex. C5 along with interest @8% per annum from 31.12.2022 till date of actual payment, to pay maturity amount of Rs.1475/- deposited through certificate Ex. C6 along with interest @8% per annum from 31.12.2022 till date of actual payment, to pay maturity amount of Rs.9941/- deposited through certificate Ex. C7 along with interest @8% per annum from 23.07.2022 till date of actual payment, to pay maturity amount of Rs.16,741/- deposited through certificate Ex. C8 along with interest @8% per annum from 23.07.2022 till date of actual payment, to pay maturity amount of Rs.5155/- deposited through certificate Ex. C9 along with interest @8% per annum from 23.07.2022 till date of actual payment, to pay maturity amount of Rs.28,083/- deposited through certificate Ex. C10 along with interest @8% per annum from 23.07.2022 till date of actual payment, to pay maturity amount of Rs.19,120/- deposited through certificate Ex. C11 along with interest @8% per annum from 31.12.2022 till date of actual payment, to pay maturity amount of Rs.1,08,566/- deposited through certificate Ex. C12 along with interest @8% per annum from 31.12.2022 till date of actual payment, to pay maturity amount of Rs.46,552/- deposited through certificate Ex. C13 along with interest @8% per annum from 30.08.2021 till date of actual payment, to pay maturity amount of Rs.17,685/- each deposited through certificate Ex. C14 to Ex. C18 along with interest @8% per annum from 28.04.2021 till date of actual payment and to pay maturity amount of Rs.6841/- deposited through certificate Ex. C19 along with interest @11% per annum from 09.02.2020 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:03.04.2024.

Gobind Ram.