Punjab

Ludhiana

CC/22/212

Ravinder Kaur - Complainant(s)

Versus

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

Ajay chawla Adv

02 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 212 dated 20.05.2022.                                                        Date of decision: 02.02.2023. 

 

Ravinder Kaur d/o. Jagjit Singh, resident of H. No.930/B-M.I.G., Ward No.11, Jamalpur Colony, Focal Point, S.O. Focal Point, Ludhiana. PIN Code:- 141010.

                                                Versus

  1. 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.
  2. Sahara Credit Cooperative Society Limited having its authorized centre at Sahara India Pariwar F.C. Office, Sahil Plaza, 4th Floor, SCF No.23/24, Block-D, Model Town Extension, Near Libra Bus Service, Dugri Road, 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 MONIKA BHAGAT, MEMBER

1.                Briefly stated, the facts of the case are that in the month of July 2018, the agent of the opposite parties approached the complainant and allured her 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 opted to avail their services, she would certainly be able to have a secured financial future for herself and for her family members. Acting upon and induced by the repeated assurance of the opposite parties, the complainant invested total sum of Rs.4,20,000/- with the opposite parties and they issued twenty eight certificates in favour of the complainant, detail of which is reproduced as under:-

Sr. No.

Certificate No.

Membership No.

Scheme

1.

925008254493

24291501373

Fixed deposit

2.

925008254494

24291501373

Fixed deposit

3.

925008254495

24291501373

Fixed deposit

4.

925008254496

24291501373

Fixed deposit

5.

925008254497

24291501373

Fixed deposit

6.

925008254498

24291501373

Fixed deposit

7.

925008254499

24291501373

Fixed deposit

8.

925009760955

24291501373

Fixed deposit

9.

925009760956

24291501373

Fixed deposit

10.

925009760957

24291501373

Fixed deposit

11.

925009760958

24291501373

Fixed deposit

12.

925009760959

24291501373

Fixed deposit

13.

925009760960

24291501373

Fixed deposit

14.

925009760961

24291501373

Fixed deposit

15.

925008254338

24291600930

Fixed deposit

16.

925008254339

24291600930

Fixed deposit

17.

925008254340

24291600930

Fixed deposit

18.

925008254341

24291600930

Fixed deposit

19.

925008254342

24291600930

Fixed deposit

20.

925008254343

24291600930

Fixed deposit

21.

925008254344

24291600930

Fixed deposit

22.

925010714616

24291600304

Fixed deposit

23.

925010714617

24291600304

Fixed deposit

24.

925010714618

24291600304

Fixed deposit

25.

925010714619

24291600304

Fixed deposit

26.

925010714620

24291600304

Fixed deposit

27.

925010714621

24291600304

Fixed deposit

28.

925010714622

24291600304

Fixed deposit

In the said certificates it was mentioned that the complainant would get the total maturity amount of Rs.4,85,100/- on 10.06.2019. On the completion of the maturity period i.e. on 15.11.2020, 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 in service and further prayed for refund of the amount of Rs.4,20,000/- 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 03.06.2022 but none turned up for the opposite parties and as such, the opposite parties were proceeded against exparte vide order dated 12.08.2022.

3.                In evidence, the complainant tendered her affidavit as Ex. CA and reiterated her averments of the complaint. The complainant also placed on record copy of Adhar card as Ex. C1 and also tendered certificates issued by the opposite parties as Ex. C2 to Ex. C29 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 her affidavit Ex. CA, the complainant has reiterated the entire case as set forth in the complaint. The complainant has further proved on record the copy of receipts Ex. C2 to Ex. C29 issued by the opposite parties at the time the amount of Rs.15,000/-  each was invested vide receipt Ex. C2 to Ex. C29 and in this manner, the complainant has invested a total amount of Rs.4,20,000/- with the opposite parties. Even otherwise, it is evident from the certificate Ex. C2 to Ex. C8 that the complainant invested Rs.15,000/- each with the opposite parties on 30.10.2018 to be matured on 30.04.2020 having maturity amount of Rs.17,445/-, through Ex. C9 to Ex. C15 the complainant invested Rs.15,000/- each with the opposite parties on 07.02.2019 to be matured on 07.08.2020 having maturity amount of Rs.17,205/-, through Ex. C16 to Ex. C22 the complainant invested Rs.15,000/- each with the opposite parties on 11.04.2018 to be matured on 11.10.2019 having maturity amount of Rs.17,445/- and the complainant also invested Rs.15,000/- each as per certificates Ex. C23 to Ex. C28 on 10.06.2019 to be matured on 10.12.2020 having maturity amount of Rs.17,205/-. It is also not disputed that the total maturity amount of Rs.4,20,000/- above said FDRs has not been refunded to the complainant by the opposite parties on their maturity. In these circumstances, it would be just and proper if the opposite parties are directed to pay the amount Rs.1,22,115/-  deposited vide receipt Ex. C2 to Ex.C8 along with interest @8% from 30.04.2020 till date of actual payment, amount of Rs.1,20,435/-  deposited vide receipt Ex. C9 to Ex.C15 along with interest @8% from 07.08.2020 till date of actual payment, amount of Rs.1,22,115/-  deposited vide receipt Ex. C16 to Ex.C22 along with interest @8% from 11.10.2019 till date of actual payment and also to pay the amount of Rs.1,20,435/-  deposited vide receipt Ex. C23 to Ex.C29 along with interest @8% from 10.12.2020 till date of actual payment along with composite costs of Rs.10,000/-.

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.1,22,115/-  deposited vide receipt Ex. C2 to Ex.C8 along with interest @8% from 30.04.2020 till date of actual payment, amount of Rs.1,,20,435/-  deposited vide receipt Ex. C9 to Ex.C15 along with interest @8% from 07.08.2020 till date of actual payment, amount of Rs.1,22,115/-  deposited vide receipt Ex. C16 to Ex.C22 along with interest @8% from 11.10.2019 till date of actual payment and also to pay the amount of Rs.1,20,435/-  deposited vide receipt Ex. C23 to Ex.C29 along with interest @8% from 10.12.2020 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:02.02.2023.

Gobind Ram.

 

 

Arvinder Kaur  Vs Sahara Credit Coop. Society Limited          CC/22/212

Present:       Sh. Ajay Chawla, Advocate for complainant.

                   OPs exparte.

 

                   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.1,22,115/-  deposited vide receipt Ex. C2 to Ex.C8 along with interest @8% from 30.04.2020 till date of actual payment, amount of Rs.1,,20,435/-  deposited vide receipt Ex. C9 to Ex.C15 along with interest @8% from 07.08.2020 till date of actual payment, amount of Rs.1,22,115/-  deposited vide receipt Ex. C16 to Ex.C22 along with interest @8% from 11.10.2019 till date of actual payment and also to pay the amount of Rs.1,20,435/-  deposited vide receipt Ex. C23 to Ex.C29 along with interest @8% from 10.12.2020 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:02.02.2023.

Gobind Ram.

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