Punjab

Ludhiana

CC/23/36

Smt.Nancy Singhal - Complainant(s)

Versus

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

Nitin Arora

17 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 36 dated 25.01.2023.                                                Date of decision: 17.07.2023. 

Smt. Nancy Singhal aged about 34 years W/o.Vivek Kumar, R/0.108-F, Rishi Nagar, Ludhiana-141001. Mobile No.9592119999.                                                                                                                                 ..…Complainant

                                                Versus

1. Sahara Credit Cooperative Society Ltd., Regd. Office Sahara India Bhawan, 1 Kapoorthala Complex, Aliganj, Lucknow-226024.
2. Sahara India Pariwar, Bal Tower, 2^nd Floor, Near Dada Motors, G.T. Delhi Road, Ludhiana.
3. Shashi Kant Verma C/o. Sahara India Pariwar, Bal Tower, 2^nd Floor, Near Dada Motors, G.T. Delhi Road, Ludhiana. Membership Code No.239710434                                                                                                                                                                  …..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. Nitin Arora, Advocate.

For OPs                          :         Sh. Sandeep Kumar, Advocate.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                Briefly stated, the facts of the case are that the complainant being a housewife, decided to invest in the policy/scheme of OP1 and OP2 which is a cooperative society duly registered under Multi State Cooperative Societies Act, 2002. Opposite party No.3 being an agent of opposite party No.1 and 2 allured the complainant to invest with the opposite party’s scheme namely SAHARA G. ANOKHA by paying Rs.10,500/- per month for 72 months. Acting upon and induced by the repeated assurance of the opposite parties, the complainant started opened the account bearing No.69875600159 and membership No.69871500123 dated 24.02.2015 and purchased the bond of Rs.10,500/- per month for the tenure of 72 months which was collected by opposite party No.3 from time to time against receipts. The complainant stated that she has invested Rs.7,56,000/- with the opposite parties. The date of maturity was 24.02.2021 but she has not received the maturity amount from the opposite parties despite her several requests. 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.10,24,800/- along with interest and compensation to the tune of Rs.2,00,000/- on account of deficiency in service and mental torment besides Rs.33,000/- as litigation expenses.

2.                Upon notice, the opposite parties appeared through counsel Sh. Sandeep Kumar, Advocate but they did not file written statement, affidavit and documents despite lapse of period of 45 days. As such, right to file the written statement/version of the opposite parties was extinguished vide order dated 09.06.2023.

3.                In evidence, the complainant tendered her affidavit as Ex. CW1 and reiterated her averments of the complaint. The complainant also placed on record copy of passbook issued by the opposite parties as Ex. CW1/1, Ex. CW1/2 and Ex. CW1/53 are the copies of contribution receipts 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. CW1, the complainant has reiterated the entire case as set forth in the complaint. Though the evidence of the complainant has gone unrebutted on the file, however, copy of the passbook Ex. CW1/1 reveals that the total amount of Rs.7,56,000/- was deposited by the complainant with the opposite parties. The complainant has further proved on record the copy of passbook Ex. CW1/2 issued by the opposite parties. As per copy of passbook of recurring deposit Ex. CW1/1 and copies of contributory receipts Ex. CW1/2 to Ex. CW1/53 shows that the complainant deposited a total sum of Rs.7,56,000/- from 24.02.2015 till 23.01.2021 with the opposite parties which they were supposed to pay to the complainant on the maturity. The said amount was not released by the opposite parties despite the repeated requests and visits by the complainant. The act and conduct of the opposite parties firstly inducing the complainant by lucrative offer to invest her hard earned money and then subsequently delaying agreed payment amounts to deficiency of service. Rather it appears that the opposite parties had dishonest intentions to cheat since the inception of the dealing between the parties.  In these circumstances, it would be just and proper if the opposite parties are directed to pay  Rs.7,56,000/- to the complainant  along with interest @8% per annum from 23.01.2021 till date of actual payment along with composite costs of Rs.10,000/-.

6.                As a result of above discussion, the complaint is partly allowed and the opposite parties are directed to refund the total invested amount of Rs.7,56,000/- with interest @8% per annum  from 23.01.2021 till date of actual payment. The opposite parties shall further pay a composite costs and compensation of Rs.10,000/- (Rupees Ten Thousand only) to the complainant. Liability of the opposite parties shall be joint and several. 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:17.07.2023.

Gobind Ram.

 

 

 

Nancy Mittal Vs Sahara Credit                              CC/23/36

Present:       Sh. Nitin Arora, Advocate for complainant.

                   Sh. Sandeep Kumar, Advocate for OPs.

 

                   Learned counsel for the complainant closed evidence after tendering affidavit Ex. CW1 along with documents Ex. C1 to Ex. C53.

                   Arguments heard. Vide separate detailed order of today, the complaint is partly allowed and the opposite parties are directed to refund the total invested amount of Rs.7,56,000/- with interest @8% per annum  from 23.01.2021 till date of actual payment. The opposite parties shall further pay a composite costs and compensation of Rs.10,000/- (Rupees Ten Thousand only) to the complainant. Liability of the opposite parties shall be joint and several. 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:17.07.2023.

Gobind Ram.