Haryana

Charkhi Dadri

CC/260/2021

Raj singh - Complainant(s)

Versus

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

Sh. Naveen Maratha

10 Mar 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                          Complaint Case No. 260 of 2021

                                                         Date of Institution: 8.10.2021

                                                          Date of Decision: 10.3.2023

 

Raj Singh son of Sher Singh, resident of Vivek Nagar, Gali No. 8, Ward No. 5, Charkhi Dadri, Tehsil and District Charkhi Dadri.

 

                                                                   ….Complainant.

Versus

1. Sector Manager, Sahara India Cooperative Society Limited, near Rose Garden, above Dr. Goyal Dental Clinic, Charkhi Dadri, Tehsil and District Charkhi Dadri.
2. Sahara Credit Cooperative Society Limited, Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024, through its Managing Director/Authorized Signatory.
3. Regional Manager, Sahara Credit Co-op Society Limited, Regional Office, Sec-15A, Camry road, New Royal Bar, Hisar.

 

•  

 

                   COMPLAINT UNDER THE

                   CONSUMER PROTECTION ACT.

 

Before: -     Hon’ble Sh. Manjit Singh Naryal, President

                Hon’ble Ms. Shashi Kiran Panwar, Member.

                   Hon’ble Sh. Dharam Pal Rauhilla, Member.

 

Present:      Sh. Naveen Sharma, Adv. for complainant.

                   OPs already exparte.

 

ORDER:-

              

                  MANJIT SINGH NARYAL, PRESIDENT

 

                   Brief facts of the present complaint, according to the complainant, are that the complainant had deposited an amount of Rs. 39,127/-with the OPs on 10.10.2018 for a period of 18 months under Sahara Special Fix Scheme and for this purpose, the OPs issued certificate bearing No. 787003101874 for maturity value of Rs. 45,818/-on 10.4.2020. But it is averred that the OPs failed to pay the said maturity amount to the complainant despite completion of entire required formalities for payment of maturity amount by the complainant.  It is prayed by the complainant that the OPs be directed to pay the maturity amount of certificate i.e. Rs. 45,818/-along with interest, compensation and the litigation expenses besides any other relief which this Commission may found deem fit and proper.

2.                Notice to the OPs were sent through registered post but the OPs failed to file any written statement and also failed to appear before the Commission and ultimately, the defence of OPs to file their written statement was struck off and they were proceeded against exparte vide order dated 22.7.2022 due to non-appearance before the Commission. 

3.                In the evidence, the complainant tendered affidavit as Ex. CW-1/A and document Ex. C-1 and closed the evidence on 14.2.2023.

4.                We have heard the exparte arguments of learned counsel of the complainant and have gone through the entire evidence placed on record by the complainant very carefully and minutely.

        During the course of arguments, the learned counsel of complainant reiterated the contents of complaint filed by the complainant and drawn the attention of this Commission towards the documents placed on record by the complainant.

5.                We have observed that in the present complaint, the complainant by filing his affidavit (Ex. CW-1/A), has corroborated the contents of his complaint as true and correct and further placed on record certificate No. 787003101874 (Ex. C-1) issued under Sahara Special Fix Scheme for 18 months. On perusal of aforementioned certificate (Ex. C-1), we have observed that the amount of Rs. 39,127/- on 10.10.2018 has been found deposited in the name of complainant under the said scheme for 18 months and on the said short term certificate/FD (Ex. C-1), the maturity date as 10.4.2020 and the maturity amount payable as Rs. 45,818/- is mentioned.

6.                From the unrebutted evidence of complainant produced in the form of certificate (Ex. C-1) and corroborated by affidavit (Ex. CW-1/A) filed by complainant, it is established that by not refunding the deposited amount on maturity date of the said scheme to the complainant, the OPs seems to have acted in a deficient and negligent manner towards the complainant in not paying the maturity amount under the terms and conditions of the said scheme, so introduced by them (OPs).

7.                In the result, we hereby direct the OPs to pay the said maturity amount of Rs. 45,818/- (as mentioned on certificate Ex. C-1) to the complainant along with 9% p.a. rate of interest from the date of final maturity of said certificate i.e. 10.4.2020, till its final payment.

8.          The OPs are also directed to pay a sum of Rs. 5000/-(Rupees Five Thousand Only) on account of mental agony, harassment etc. and Rs. 5000/-(Rupees Five Thousand Only) as litigation expenses to the complainant. The present complaint stands allowed in the manner as indicated above.

9.           The above order be complied within 45 days from the date of receiving the copy of this order.

10.              Certified copies of order be supplied to the parties free of costs.

11.              File be consigned after due compliance.

Announced.

Dated: - 10.3.2023

 

 

(Sh. Dharam Pal Rauhilla)    (Shashi Kiran Panwar)           (Manjit Singh Naryal)

          Member                         Member                            President,

                                                                            District Consumer Disputes

                                                         Redressal Commission, Charkhi Dadri.