Punjab

Ludhiana

CC/22/192

Raju Singh - Complainant(s)

Versus

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

Ajay Chawla Adv

07 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 192 dated 11.05.2022.                                                        Date of decision: 07.10.2022.

 

Raju Singh son of Swami Natha Ray, resident of Chandigarh Road, Mangli Nichhi, Ramgarh, Ludhiana. Pin Code: 141014, M. 95010-77168.

                                                                                      ..…Complainant 

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1. Sahara Credit Cooperative Society Limited, having its registered office at Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow, Uttar Pradesh-226024 through its Chairman/President/Authorized Representative.

2. Sahara Credit Cooperative Society Limited having its authorized centre at Sahara India Pariwar, F.C. Office, 4372, Ground Floor, Swarn Complex, Gaispur Road, Lohara, Ludhiana through its Branch Manager/Authorized Representative.                                                                                                                                                                                     …..Opposite parties 

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

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Ajay Chawla, Advocate.

For OPs                          :         Exparte.

 

ORDER

PER K.K. KAREER, PRESIDENT

 

1.                In brief, the case of the complainant is that in the month of March 2019, an agent of the OPs approached the complainant and on his representation, the complainant invested/deposited a sum of Rs.77,000/- with the OPs who issued two certificates No.925007733197, account No.43727800246 and certificate No.925007733170, account No.43727800187 bearing membership No.43721900086 whereby the complainant was assured that he would get the maturity amount of Rs.88,319/- on the maturity dates of 03.08.2020 and 11.09.2020. After the deposits matured on 11.09.2020, the complainant approached the OPs but the OPs asked the complainant that due to financial difficulty, they were not in a position to make the payment and till date no payment has been made. This amounts to deficiency of service on the part of the OPs. In the end, it has been requested that the OPs be directed to refund the amount of Rs.76,000/- along with compensation of Rs.5,00,000/-.  

2.                Upon notice, the OPs did not appear despite service through registered post and were proceeded against exparte.

3.                In exparte evidence, the complainant submitted affidavit Ex. CA along with documents Ex. C1 to Ex. C3 which was gone uncontroverted.

4.                We have gone through the record and have heard the arguments advanced by the counsel for the complainant.

5.                As per the allegations made in the complaint, the complainant invested a sum of Rs.77,000/- with the OPs. In this regard, the complainant has placed on record the certificate Ex. C2 vide which an amount of Rs.67,000/- was invested on 11.03.2019 and this deposit was to mature on 11.09.2020 with a maturity amount of Rs.76,849/-. The complainant has further placed on record copy of another certificate Ex. C3 vide which a sum of Rs.10,000/- was invested on 23.02.2019 and this deposit was to mature on 23.08.2020 with a maturity amount of Rs.11,470/-. Even after the date of maturity, no amount was paid to the complainant. Non-payment of the maturity amount clearly amounts to deficiency of service on the part of the OPs. In the given circumstances, in our considered view, it would be just and proper if the OPs are made to refund the maturity amount of Rs.76,849/- and Rs.11,470/- with interest @8% per annum from 11.09.2020 and 23.08.2020 respectively till the date of actual payment and the OPs are further made to pay Rs.7,000/- as composite cost and compensation.

6.                As a result of above discussion, the complaint is allowed exparte with a direction to the OPs to refund the maturity amount of Rs.76,849/- and Rs.11,470/- with interest @8% per annum from 11.09.2020 and 23.08.2020 respectively till the date of actual payment to the complainant within 30 days from the date of receipt of copy of order. The OPs shall further pay a composite costs and compensation of Rs.7,000/- (Rupees Seven Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:07.10.2022.

Gobind Ram.

Raju Singh Vs Sahara Credit                                           CC/22/192

Present:       Sh. Ajay Chawla, Advocate for the complainant.

                   OPs exparte.

 

                   Arguments heard. Vide separate detailed order of today, the complaint is allowed exparte with a direction to the OPs to refund the maturity amount of Rs.76,849/- and Rs.11,470/- with interest @8% per annum from 11.09.2020 and 23.08.2020 respectively till the date of actual payment to the complainant within 30 days from the date of receipt of copy of order. The OPs shall further pay a composite costs and compensation of Rs.7,000/- (Rupees Seven Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:07.10.2022.

Gobind Ram.