Punjab

Ludhiana

CC/23/288

Rahul Yeadav - Complainant(s)

Versus

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

Sharwan Sehgal

24 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 288 dated 18.07.2023.                                                        Date of decision: 24.11.2023. 

Rahul Yadav aged about 34 years son of Shri Raja Ram Yadav, Resident of Aman Telecom, Mangarh, Kohara, Ludhiana.

Aadhar Card No.6368 8514 2960.

Mobile No.73551-27000.                                                                                                                                                                  ..…Complainant

                                                Versus

1. Sahara Credit Cooperative Society Limited, Registered office at Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024, through its Director.

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

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

COUNSEL FOR THE PARTIES:

For complainant             :         Ms. Shruti, Advocate.

For OPs                          :         Exparte.

ORDER

PER JASWINDER SINGH, MEMBER

1.                Briefly stated, the facts of the case are that the agent of the opposite parties approached the complainant and allured him to deposit his savings with them and opted for recurring deposit scheme being run by the OPs. The complainant stated that he started the scheme on 31.07.2015 to be ended on 31.07.2021 vide account No.43725600557. The complainant used to deposit the amount from time to time and deposited Rs.96,000/- with the opposite parties which were to be paid to him on the date of maturity but nothing has been paid till date. On completion of RD period, the complainant contacted the opposite parties to release his amount but they prolonged the matter on one pretext or the other and refused to honour their legal liability. Therefore, the complainant filed the present complaint asserting that the act and conduct of the opposite parties amounts to deficiency of service and further prayed for paying the maturity amount along with interest and compensation to the tune of Rs.3,00,000/- on account of mental pain, agony and harassment.

2.                Upon notice, none appeared on behalf of the opposite parties despite service and as such, the opposite parties were proceeded against exparte vide order dated 29.09.2023.

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 passbook of Axis Bank, Ex. C2 is the copy of PAN Card of the complainant, Ex. C3 is the copy of passbook having account No.43725600557 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. Though the evidence of the complainant has gone unrebutted on the file, however, copy of the passbook Ex. C3 issued by the OPs reveals that the total amount of Rs.96,000/- was deposited by the complainant with the opposite parties. As per copy of passbook of recurring deposit Ex. C3 shows that the complainant deposited a total sum of Rs.96,000/- from 31.07.2015  to 30.07.2018 with the opposite parties which they were supposed to pay to the complainant on the maturity. The said amount was not released by the opposite parties despite the repeated requests and visits by the complainant. The act and conduct of the opposite parties firstly inducing the complainant by lucrative offer to invest his hard earned money and then subsequently delaying agreed payment amounts to deficiency of service. Rather it appears that the opposite parties had dishonest intentions to cheat since the inception of the dealing between the parties.  In these circumstances, it would be just and proper if the opposite parties are directed to pay  Rs.96,000/- to the complainant  along with interest @8% per annum from 30.07.2018 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 exparte with an order that the opposite parties shall be jointly and severally liable to pay the invested amount of Rs.96,000/- to the complainant  along with interest @8% per annum from 30.07.2018 till date of actual payment. 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)          (Jaswinder Singh)                      (Sanjeev Batra)                          Member                            Member                                      President         

Announced in Open Commission.

Dated:24.11.2023.

Gobind Ram.