Punjab

Ludhiana

CC/23/163

Krishan Mittal - Complainant(s)

Versus

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

Manoj Lekhi

26 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:  163 dated 21.04.2023.                                                       Date of decision: 26.10.2023. 

 

Krishan Mittal S/o. Sh. Rati Ram, aged 52 years, R/o. V.P.O. Jodhan, District Ludhiana, Ludhiana, Punjab-142029. Mobile No.94636-17499.                                                                                                              ..…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 Motor, 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 OPs                                      :               Sh. Sandeep Kumar, Advocate. (Right of the                                               OPs to file written statement already                                                             extinguished vide order dated 05.09.2023)                  

 

ORDER

PER MONIKA BHAGAT, MEMBER

 

1.                Briefly stated, the facts of the case are that on the inducement of officials of the opposite parties, the complainant availed SAHARA SPECIAL FIX Plan of the opposite parties in the shape of FDR No.787-002143392 vide account No.69877200738 dated 23.05.2018 for Rs.1,92,691/-. The complainant approached and requested the opposite parties to encash the above said FDR but they kept the matter dilly delayed on false pretext and finally refused to make the payment of the FDR. Due to non-encashment of FDR 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 FDR 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.                Upon notice, Sh. Sandeep Kumar, Advocate appeared and filed power of attorney on behalf of opposite parties but thereafter, failed to file written statement affidavit and documents despite grant of sufficient opportunity and as such, the right of opposite parties to file written statement already extinguished vide order dated 05.09.2023

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 is the copy of his Aadhar card, Ex. C2 is the copy of certificate No.787002143392 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. C2 vide which the complainant deposited Rs.1,92,691/- on 23.05.2018 which was to be matured on  23.11.2019 with maturity amount of Rs.2,25,641/-.  Though the evidence has gone unrebutted on the file, the certificate Ex. C2 reveals that the complainant deposited Rs.1,92,691/- on 23.05.2018 with the opposite parties which was to be matured on 23.11.2019 with maturity amount of Rs.2,25,641/. In these circumstances, it would be just and proper if the opposite parties are directed to refund the maturity amount of Rs.2,25,641/- along with interest @8% from 23.11.2019 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.2,25,641/- along with interest @8% from 23.11.2019 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:26.10.2023.

Gobind Ram.