Versus
- Sahara Credit Cooperative Society Limited, having its registered Office at Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lakhnow, Uttar Pradesh-226024 through its Chairman/President/Authorized Representative.
- 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.
QUORUM:
SH. SANJEEV BATRA, PRESIDENT
SH. JASWINDER SINGH, MEMBER
MS. MONIKA BHAGAT, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Sh. Ajay Chawla, Advocate.
For OPs : Exparte.
ORDER
PER JASWINDER SINGH, MEMBER
1. Briefly stated, the facts of the case are that in the month of June 2016, the agent of the opposite parties approached the complainant and allured him to deposit his savings with them representing that the opposite parties is a big company and are providing best financial services in the market and if the complainant chooses to avail their services, he would certainly be able to have a secured financial future for himself and for his family members. Acting upon and induced by the repeated assurance of the opposite parties, the complainant invested Rs.20,000/- with the opposite parties in recurring deposit and the opposite parties issued recurring deposit passbook bearing account No.60656201338 having membership No.60651601052 in favour of the complainant wherein it was mentioned that the complainant would get interest at the time of maturity. On the completion of the maturity period, the complainant approached the opposite parties to release the agreed maturity amount along with interest but initially they kept the matter pending on one pretext and another. The agreed amount along with interest was not disbursed despite complainant’s repeated requests and visits to the office of the opposite parties. 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 refund of the amount of Rs.20,000/- along with interest and compensation to the tune of Rs.5,00,000/- on account of mental agony, harassment and distress. The complainant also claimed litigation expenses.
2. Notice of the complaint was issued to the opposite parties through registered post on 22.07.2022 but none turned up for the opposite parties and as such, the opposite parties were proceeded against exparte vide order dated 27.09.2022.
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 copy of adhaar card, Ex. C2 is the copy of statement of recurring deposit, Ex. C3 is the copy of receipt dated 30.06.2016 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. As per the allegations made in the complaint, the complainant invested a sum of Rs.20,000/- in account No.60656201338 with the opposite parties. In this regard, the complainant has placed on record the statement of recurring accounts as Ex. C2 vide which an amount of Rs.20,000/- in account No.60656201338 was invested till 30.05.2018 and this deposit was to be matured on 30.06.2022. In this manner, the complainant has deposited/invested Rs.20,000/- with the opposite parties. These are the documents which have been issued by the opposite parties and as such, their genuineness cannot be doubted. 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 opposite parties. In the given circumstances, in our considered view, it would be just and proper if the opposite parties are made to refund the deposited amount of Rs.20,000/- with interest @8% per annum from 30.06.2016 till the date of actual payment and the opposite parties are further made to pay Rs.10,000/- as composite cost and compensation.
6. As a result of above discussion, the complaint is allowed exparte with an order that the opposite parties shall be jointly and severally liable to pay the amount of Rs.20,000/- with interest @8% per annum from 30.06.2016 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:01.02.2023.
Gobind Ram.
Ram Sewak Paswan Vs Sahara Credit Coop. Society Limited CC/22/274
Present: Sh. Ajay Chawla, Advocate for complainant.
OPs exparte.
Learned counsel for the complainant closed evidence after tendering affidavit Ex. CA along with documents Ex. C1 to Ex. C3.
Arguments heard. Vide separate detailed order of today, the complaint is allowed exparte with an order that the opposite parties shall be jointly and severally liable to pay the amount of Rs.20,000/- with interest @8% per annum from 30.06.2016 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:01.02.2023.
Gobind Ram.
