Punjab

Ludhiana

CC/23/107

Munish Kumar - 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:  107 dated 13.03.2023.                                                       Date of decision: 03.04.2024. 

 

Munish Kumar S/o. Suresh Kumar, aged 42, 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. 715-002238104, Account No. 69877801469  dated 31.12.2019 for Rs. 26,695/- in SAHARA.I. SELECT plan.

ii) Certificate No. 715-002238105, Account No. 69877801470 dated 31.12.2019 for Rs.19,000/- in SAHARA .I.SELECT plan.

iii) Certificate No. 715-002238106, Account No. 69877801471 dated 31.12.2019 for Rs. 19,000/- in SAHARA .I.SELECT plan.

iv) Certificate No. 715-002238107, Account No. 69877801472 dated 31.12.2019 for Rs.19,000/- in SAHARA.I.SELECT plan.

 v) Certificate No. 715-002238116, Account No. 69877801481 dated 31.12.2019 for Rs. 19,000/- in SAHARA .I.SELECT plan.

vi) Certificate No. 715-002238114, Account No. 69877801479 dated 31.12.2019 for Rs. 19,000/- in SAHARA.I.SELECT plan.

vii) Certificate No. 374001020673, Account No. 69875600238 dated 30.03.2015 for Rs.2100/- PM for 120 month in SAHARA P BHAVISHYA Plan

viii) Certificate No.925-008254983, Account No. 69877201861 dated 31.12.2018 for Rs. 16,000/- in SAHARA.A.SELECT plan.

ix) Certificate No. 925-008254988, Account No. 69877201866 dated 31.12.2018 for Rs. 16,000/- in SAHARA .A.SELECT plan.

x) Certificate No. 925-008254985, Account No 69877201863 dated 31.12.2018 for Rs. 16,000 /- in SAHARA.A.SELECT plan.

xi) Certificate No. 925-008254984, Account No. 69877201862 dated 31.12.2018 for Rs. 16,000 /- in SAHARA.A.SELECT plan.

xii) Certificate No. 925-008254977, Account No. 69877201855 dated 31.12.2018 for Rs. 16,000/- in SAHARA.A.SELECT plan.

xiii) Certificate No. 925-008254976, Account No. 69877201854 dated 31.12.2018 for Rs. 16,000/- in SAHARA .A.SELECT plan.

xiv) Certificate No. 925-008254978, Account No. 69877201856 dated 31.12.2018 for Rs. 16,000/- in SAHARA.A.SELECT plan.

xv) Certificate No. 925-008254979, Account No. 69877201857 dated 31.12.2018 for Rs. 16,000/- in SAHARA .A.SELECT plan.

xvi) Certificate No. 925-008254981, Account No. 69877201859 dated 31.12.2018 for Rs. 16,000/- in SAHARA.A.SELECT plan.

xvii) Certificate No. 925-008254980, Account No. 69877201858  dated 31.12.2018 for Rs. 16,000/- in SAHARA.A.SELECT plan.

xviii) Certificate No. 925-008254982, Account No. 69877201860 dated 31.12.2018 for Rs. 16,000/- in SAHARA .A.SELECT plan.

xix) Certificate No. 925-008254989, Account No. 69877201867 dated 31.12.2018 for Rs. 16,000/- in SAHARA.A.SELECT plan.

xx) Certificate No. 925-008254987, Account No. 69877201865 dated 31.12.2018 for Rs. 16,000/- in SAHARA .A.SELECT plan.

xxi) Certificate No. 925-008254986, Account No. 69877201864 dated 31.12.2018 for Rs. 16,000/- in SAHARA.A.SELECT plan.

xxii) Certificate No. 925-008254975, Account No. 69877201853 dated 31.12.2018 for Rs. 16,000/- in SAHARA.A.SELECT plan.

xxiii) Certificate No. 925-008254972, Account No. 69877201850 dated 31.12.2018 for Rs. 16,000/- in SAHARA .A.SELECT plan.

xxiv) Certificate No. 715-002238110, Account No. 69877801475 dated 31.12.2019 for Rs. 19,000/- in SAHARA.I.SELECT plan.

xxv) Certificate No. 715-002238112, Account No. 69877801477 dated 31.12.2019 for Rs. 19,000/- in SAHARA I. SELECT plan.

xxvi) Certificate No. 715-002238111, Account No. 69877801476 dated 31.12.2019 for Rs. 19,000/- in SAHARA.I.SELECT plan.

xxvii) Certificate No. 715-002238113, Account No. 69877801478  dated 31.12.2019 for Rs. 19,000/- in SAHARA .I.SELECT plan.

xxviii) Certificate No. 715-002238109, Account No. 69877801474 dated 31.12.2019 for Rs. 19,000/- in SAHARA.I.SELECT plan.

xxix) Certificate No. 715-002238108, Account No. 69877801473 dated 31.12.2019 for Rs. 19,000/- in SAHARA .I.SELECT plan.

xxx) Certificate No. 715-002238115, Account No. 69877801480 dated 31.12.2019 for Rs. 19,000/- in SAHARA.I.SELECT plan.

xxxi) Certificate No. 715-002238103, Account No. 69877801468 dated 31.12.2019 for Rs. 19,000/- in SAHARA .I.SELECT plan.

xxxii) Certificate No. 787-003393596, Account No. 69877201671 dated 05.12.2018 for Rs.2,11,295/- in SAHARA SPECIAL FIX 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 his affidavit as Ex. CA and reiterated his averments of the complaint. The complainant also placed on record Ex. C1 to Ex. C31 are the copies of certificates, Ex. C32 is the copy of Aadhar Card of the complainant, Ex. C33 is the copy of passbook bearing account No.69875600238 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 copies of certificates Ex. C1 to Ex. C6, Ex. C23 to Ex. C30 vide which the complainant deposited Rs.19,000/- each on 31.12.2019, the copies of certificates Ex.C7 to Ex. C22 vide which the complainant deposited Rs.16,000/- each 31.12.2018, the copy of certificate Ex. C31 vide which the complainant deposited Rs.2,11,295/- on 05.12.2018 and the copy of passbook bearing account No.69875600238 issued by the opposite parties. Though the evidence has gone unrebutted on the file, the certificates Ex. C1 to Ex. C6, Ex. C23 to Ex. C30 reveal that the complainant deposited Rs.19,000/- each on 31.12.2019 respectively with the opposite parties having maturity amount of Rs.26,695/- each to be matured on 31.12.2022, the certificates Ex.C7 to Ex. C22 reveal that the complainant deposited Rs.16,000/- each on 31.12.2018 with the opposite parties having maturity amount of Rs.18,608/- each to be matured on 30.06.2020. However, no interest rate has been mentioned on these certificates. Further the certificate Ex. C31 reveals that the complainant deposited Rs.2,11,295/- on 05.12.2018 with the opposite parties having maturity amount of Rs.2,47,426/- to be matured on 05.06.2020 @11% per annum. However, the copy of passbook Ex. C33 does not reflect any entries of 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.26,695/- each deposited through certificates Ex. C1 to Ex. C6, Ex. C23 to Ex. C30 along with interest @8% from 31.12.2022 respectively till date of actual payment, to pay the maturity amount of Rs.18,608/- each deposited through certificates  Ex.C7 to Ex. C22 along with interest @8% from 30.06.2020 respectively till date of actual payment  and further to pay the maturity amount of Rs.2,47,426/- deposited through certificate Ex. C31 along with interest @8% per annum from 05.06.2020 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.26,695/- each deposited through certificates Ex. C1 to Ex. C6, Ex. C23 to Ex. C30 along with interest @8% per annum from 31.12.2022 respectively till date of actual payment, to pay the maturity amount of Rs.18,608/- each deposited through certificates  Ex.C7 to Ex. C22 along with interest @8% per annum from 30.06.2020 respectively till date of actual payment  and to further to pay the maturity amount of Rs.2,47,426/- deposited through certificate Ex. C31 along with interest @8% per annum from 05.06.2020 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.