Punjab

Fatehgarh Sahib

CC/103/2022

Kushdeep Malhotra aged 30 years - Complainant(s)

Versus

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

Sh Aman Goyal

18 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.

                                                             

Consumer  Complaint No.	:	CC/103 of 2022
Date of Institution	:	26.10.2022
Date of Decision	:	18.04.2023

 

 

1. Kushdeep Malhotra aged 30 years S/o Sh. Kulbhushan Rai R/o Ward no.3,  

Sarfan Bazar, Bassi Pathana, Tehsil Bassi Pathana, District Fatehgarh Sahib.

2. Ambika Malhotra D/o Sh.Kulbhushan Rai and wife of Late Sh. Rajnish

Kumar Puri R/o Street no.02, Bhagat Colony,Near Phelwan Khu, Khanna,

Now R/o Ward no.3, Sarfan Bazar, Bassi Pathana,Tehsil Bassi Pathana,

District Fatehgarh Sahib.

 

                                                                                                                     …………....Complainants

                                                Versus

 

1.  Sahara Credit Cooperative Society Limited, Registered office at Sahara Inida Bhawan, 1, Kapoorthala Comples, Aliganj, Lucknow-UP-226024 through its authorized person.
2. Sahara Credit Cooperative  Society Limited, having its branch office at SCO-111, 2^nd Floor, Guru Amardas Market, Near Old Bus Stand, Khanna, Tehsil Khanna, District Ludhiana, through its Authorized Person.
3. Ashwani Malhotra @ Gian Chand Malhotra S/o Lakshvir Malhotra, R/o Main Saraffa Bazar, Bazar, Bassi Pathana, Tehsil Bassi Pathana, District Fatehgarh Sahib (Agent Code:- 256210001)

                                                                              ..………....... Opposite Parties

 

Complaint under Section 35 of Consumer Protection Act 2019

 

Quorum

Sh. S.K Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

 

Present:  Sh.Aman Goyal, counsel for  the complainant.

     OPs no.1 and  2 Ex-Parte.

      OP no.3 in Person.

 

 The  complaint has been filed against the OPs (opposite parties),  Under Section 35 of Consumer Protection Act-2019 alleging deficiency in service with the prayer for giving direction to the OPs to   pay Rs.80,876/- i.e the maturity amount along with interest @ 18% P.A from the date of Maturity till it’s actual release, to pay Rs.50,000/-  as compensation for mental agony towards harassment,   to pay Rs.1,00,000/- for deficiency in service and unfair trade practices and to pay Rs.35,000/- as cost of litigation.

1.  The brief facts of the complaint is that the  OP no.1 is a financial institution and is in business of investing money of people and return with interest. The OP no.2 is the branch office and OP no.3 is the agent of OP no.1. The OPs  no.2 and 3 are working for and on behalf of OP no.1. The OP no.3 approached the complainants and told them about the features of investing scheme launched by OPs and induced them to invest their money with OP’s company. Upon believing on OP no.3 the complainants were ready to invest their saved money with the OPs.  He also assured the complainant that the money of the complainants was safe and will be returned after its maturity with full agreed interest.  The OP no.3 came to the house of complainant at Bassi Pathana, took money and issued receipts/bounds in the name of the complainants as under:-

Sr. No	Name of the applicant	Date of Issue	Date of Maturity	Amount (Rs.)received by OPs	Amount (Rs.)to be paid on maturity
	Khushdeep Malhotra	28.09.2016	28.03.2018	12,000/-	13,965/-
	Khushdeep Malhotra	13.06.2016	13.12.2017	20,000	23,260/-
	Ambika	01.12.2015	01.06.2017	37,000/-	43,660/-
	Ambika	11.07.2012	11.07.2020	15,000/-	39,180
			total	84,000/-	1,20,056

 

On maturity of above said FDRs, the complainants applied for Law full claim with OPs but the said amount have not so for been paid to the complainant and OPs are delaying the matter. Later on the OPs rejected the claim of the complainants. Hence this complaint.

2. Notice of the complaint was given to the OPs through registered Post, OPs no.1 and 2 appeared through their Counsel  but did not file  written version and they were proceeded against Ex-Parte vide order 10.3.2023. OP no3 appeared in person and filed written version.
3. The complaint has been contested by the OP no.3 and he filed written version.   Op no.3 stated that complainants had deposited their money through him with Sahara Credit Cooperative Society as under:-

 

Sr. No	Name of the applicant	Date of Issue	Account no.	Amount (Rs.)received by OPs
	Khushdeep Malhotra	28.09.2016	25626201323	2.000/-
	Sunita Malhotra	13.06.26	25626200807	20,000
	Ambika	01.12.2015	25625601183	37,000/-
	Ambika	11.07.2012	25624261623	15,000/-

 

On maturity of the deposits the OP no.3 went to the OP no.2 and took up the matter for crediting payments into the accounts but OP no.2 informed about non payment into the accounts of the complainants. OP no.2 gave reason of non payment into the accounts of the complainants that court case was going on against their company in Hon’ble SupremeCourt due to which amounts were not being credited on maturity .OP no.3 assured to request OP no.2 for crediting the maturity amount with interest into the accounts of complainants.

4. The complainants in support of their complaint placed on record copies of  documents  at the time of filing of complaint  i.e  Aadhaar Card of complainants Ex.C1 and Ex.C2, FDRs Ex.C3 to Ex.C6, Order of Lok Adalat Ex.C7, statement dated  2.3.2020 before Permanente Lok Adalat Fathegarh Sahib Ex.C8. Ld. Counsel for the complainant tendered affidavit of the complainant Ex.CW1/A as per amended complaint and closed the same  and no evidence has been tendered by any of the OPs . OP no.3 on 18.4.2023 made statement that he do not want to lead any other evidence and that his written version may be read as his evidence and he closed the same.
5.   Heard. Entire record has been perused.
6.  Admittedly, the complainants have proved FDRs vide Ex.C3 to Ex.C6. The OP no.3 has  admitted to the  four  FDRs of the complainants, exactly  as per complainant’s evidence.  Ops no.1 and 2 have not filed any version and have been proceeded against Ex-Parte vide order dated 10.3.2023. The complainants have tendered affidavit as Ex.CW1/A as per amended complaint , through which  complainants have proved the four  FDRs. The Ops no.1 and 2 have failed to submit any version or evidence against the complaint and OP no.3 has endorsed the pleadings of the complainants. Hence we find that there is nothing on record to decline the prayer of the complainants.
7.   As  a corollary of our above discussion, the present complaint is partly allowed.  OPs no.1 to 3  are held  jointly & severally liable for deficiency in service. The OPs no.1 to 3 are directed as under:-

[a] Topayjointlyand severallyRs.1,20,056/- to the complainantalong with interest@ 6% P.A from the date of filing of complaint within 30 days, failing which interest @ 9% P.A. shall be payable.

[b] To pay Rs.10,000/-as compensation for harassment.

       [c] To Pay Rs.10,000/-  litigation charges to the complainant

Compliance of the order be made by the OPs no.1to 3 within 30 days from the date of receipt of certified copy of this order. Failing which the complainant shall be entitled to recover the above said amount through legal process. The complaint could not be decided within the statutory period due to pandemic of Covid-19  and  paucity of staff . Copy of this order be sent to the complainant and the OPs as per rules. File be consigned to record room.

Pronounced 18 April 2023

                                                           

                                                                      (S.K. Aggarwal)

                                                                              President

                                                                    

    

                                                                             (Shivani Bhargava)

                                                                              Member

 

                                                                             ( Manjit Singh Bhinder )

                                                                                Member