Sahara Credit Cooperative Society Ltd V/S Sat Pal

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Sat Pal filed a consumer case on 03 Feb 2023 against Sahara Credit Cooperative Society Ltd in the Ludhiana Consumer Court. The case no is CC/22/238 and the judgment uploaded on 09 Feb 2023.

Punjab

Ludhiana

CC/22/238

Sat Pal - Complainant(s)

Versus

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

Ajay chawla Adv

03 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

Complaint No: 238 dated 02.06.2022. Date of decision: 03.02.2023.

Sat Pal Kaur wife of Kuljinder Singh, resident of House No.2335, Street No.6, Near Guru Nanak School, Janta Nagar, Ludhiana. PIN Code:-141003.

Sahara Credit Cooperative Society Limited, having its registered office at Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lakhnow-226024 through its Chairman/President/Authorized Representative.
Sahara Credit Cooperative Society Limited having its authorized centre at Sahara India Pariwar, F.C. Office, Sahil Plaza, 4^th 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, 2019.

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.

PER SANJEEV BATRA, PRESIDENT

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 her 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 opts to avail their services, she would certainly be able to have a secured financial future for herself and her family members. Acting upon and induced by the repeated assurance of the opposite parties, the complainant deposited/invested Rs.6,15,000/- with the opposite parties and the opposite parties issued forty one certificates in the name of the complainant which are reproduced as under:-

S. No.	Certificate No.	Membership No.	Scheme
1.	925008254410	24291600809	Fixed deposit
2.	925008254411	24291600809	Fixed deposit
3.	925008254412	24291600809	Fixed deposit
4.	925008254413	24291600809	Fixed deposit
5.	925008254414	24291600809	Fixed deposit
6.	925008254415	24291600809	Fixed deposit
7.	925008254416	24291600809	Fixed deposit
8.	925008254317	24291600809	Fixed deposit
9.	925008254318	24291600809	Fixed deposit
10.	925008254319	24291600809	Fixed deposit
11.	925008254320	24291600809	Fixed deposit
12.	925008254321	24291600809	Fixed deposit
13.	925008254322	24291600809	Fixed deposit
14.	925008254323	24291600809	Fixed deposit
15	925008719061	24291501237	Fixed deposit
16.	925008719062	24291501237	Fixed deposit
17.	925008719063	24291501237	Fixed deposit
18.	925008719064	24291501237	Fixed deposit
19.	925008719065	24291501237	Fixed deposit
20.	925008719066	24291501237	Fixed deposit
21.	925008719067	24291501237	Fixed deposit
22.	925009731855	47201900181	Fixed deposit
23.	925009731854	47201900181	Fixed deposit
24.	925009731853	47201900181	Fixed deposit
25.	925005777593	24291700418	Fixed deposit
26.	925005777594	24291700418	Fixed deposit
27.	925005777595	24291700418	Fixed deposit
28.	925005777591	24291700418	Fixed deposit
29.	925005777588	24291700418	Fixed deposit
30.	925005777589	24291700418	Fixed deposit
31.	925005777592	24291700418	Fixed deposit
32.	925005777590	24291700418	Fixed deposit
33.	925005777586	24291700418	Fixed deposit
34.	925005777587	24291700418	Fixed deposit
35.	925010714601	24291600218	Fixed deposit
36.	925009761750	24291600218	Fixed deposit
37.	925009761749	24291600218	Fixed deposit
38.	925009761748	24291600218	Fixed deposit
39.	925009761747	24291600218	Fixed deposit
40.	925009761746	24291600218	Fixed deposit
41.	925009761745	24291600218	Fixed deposit

In the said certificates it was mentioned that the complainant on maturity will get an amount of Rs.7,12,845/- with interest on 15.11.2020. On the completion of the said 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 in service and further prayed for refund of the amount of Rs.6,15,000/- along with interest and compensation to the tune of Rs.3,85,000/- 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 23.06.2022 but none turned up for the opposite parties and as such, the opposite parties were proceeded against exparte vide order dated 05.09.2022.

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 the copy of Aadhar card, Ex. C2 to Ex. C42 copies of certificates issued by the opposite parties in favour of the complainant 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. C42 issued by the opposite parties in which the amount of Rs.15,000/- each was invested by the complainant and in this manner, the complainant has invested a total amount of Rs.6,15,000/- 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 31.07.2018 to be matured on 31.01.2020 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 08.03.2018 to be matured on 08.09.2019 having maturity amount of Rs.17,445/-, through Ex. C16 to Ex. C22 the complainant invested Rs.15,000/- each with the opposite parties on 01.12.2018 to be matured on 01.06.2020 having maturity amount of Rs.17,445/-, the complainant also invested Rs.15,000/- each as per certificates Ex. C23 to Ex. C25 on 30.09.2019 to be matured on 30.03.2021 having maturity amount of Rs.17,205/-, the complainant also invested Rs.15,000/- each as per certificates Ex. C26 to Ex. C35 on 16.06.2017 to be matured on 16.12.2018 having maturity value of Rs.17,445/- and the complainant also invested Rs.15,000/- each as per certificates Ex. C36 to Ex. C42 on 15.05.2019 to be matured on 15.11.2020 having maturity amount of Rs.17,205/-. It is also not disputed that the total maturity amount of Rs.6,15,000/- in the 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 of Rs.1,22,115/- deposited vide receipt Ex. C2 to Ex.C8 along with interest @8% from 31.01.2020 till date of actual payment, amount of Rs.1,22,115/- deposited vide receipt Ex. C9 to Ex.C15 along with interest @8% from 08.09.2019 till date of actual payment, amount of Rs.1,22,115/- deposited vide receipt Ex. C16 to Ex.C22 along with interest @8% from 01.06.2020 till date of actual payment, amount of Rs.51,615/- deposited vide receipt Ex. C23 to Ex.C25 along with interest @8% from 30.03.2021 till date of actual payment, amount of Rs.1,74,450/- deposited vide receipt Ex. C26 to Ex.C35 along with interest @8% from 16.12.2018 till date of actual payment and also to pay the amount of Rs.1,20,435/- deposited vide receipt Ex. C36 to Ex.C42 along with interest @8% from 15.11.2020 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 31.01.2020 till date of actual payment, amount of Rs.1,22,115/- deposited vide receipt Ex. C9 to Ex.C15 along with interest @8% from 08.09.2019 till date of actual payment, amount of Rs.1,22,115/- deposited vide receipt Ex. C16 to Ex.C22 along with interest @8% from 01.06.2020 till date of actual payment, amount of Rs.51,615/- deposited vide receipt Ex. C23 to Ex.C25 along with interest @8% from 30.03.2021 till date of actual payment, amount of Rs.1,74,450/- deposited vide receipt Ex. C26 to Ex.C35 along with interest @8% from 16.12.2018 till date of actual payment and also to pay the amount of Rs.1,20,435/- deposited vide receipt Ex. C36 to Ex.C42 along with interest @8% from 15.11.2020 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:03.02.2023.

Satpal Kaur Vs Sahara Credit Coop. Society Limited CC/22/238

Present: Sh. Ajay Chawla, Advocate for complainant.

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 31.01.2020 till date of actual payment, amount of Rs.1,22,115/- deposited vide receipt Ex. C9 to Ex.C15 along with interest @8% from 08.09.2019 till date of actual payment, amount of Rs.1,22,115/- deposited vide receipt Ex. C16 to Ex.C22 along with interest @8% from 01.06.2020 till date of actual payment, amount of Rs.51,615/- deposited vide receipt Ex. C23 to Ex.C25 along with interest @8% from 30.03.2021 till date of actual payment, amount of Rs.1,74,450/- deposited vide receipt Ex. C26 to Ex.C35 along with interest @8% from 16.12.2018 till date of actual payment and also to pay the amount of Rs.1,20,435/- deposited vide receipt Ex. C36 to Ex.C42 along with interest @8% from 15.11.2020 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:03.02.2023.

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