Chandigarh

DF-I

CC/233/2020

Sunita Rani - Complainant(s)

Versus

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

Devinder Kumar

11 Feb 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

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Consumer Complaint No.	:	CC/233/2020
Date of Institution	:	03/08/2020
Date of Decision	:	11/02/2021

 

Sunita Rani wife of Sh. Vikas Pal, Resident of House No.441, Abhey Pur, Panchkula.

…..Complainant

 

V E R S U S

 

[1]     Sahara Credit Cooperative Society Limited, Regd. Office: Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024, through its Managing Director.

 

[2]     Sahara Credit Cooperative Society Limited, SCO 1110-11, Sector 22-B, Chandigarh, through its Branch Manager.

 

[3]     Sahara Credit Cooperative Society Limited, SCO 1110-11, Sector 22-B, Chandigarh, through its Regional Manager Sh. Arun Kumar Singh.

…… Opposite Parties

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	SURJEET KAUR	MEMBER
	DR.S.K. SARDANA	MEMBER

                               

ARGUED BY	:	Sh. Devinder Kumar, Counsel for Complainant.
	:	Opposite Parties ex-parte.

 

PER DR.S.K.SARDANA, MEMBER

1.         The facts, in brief, are, attracted by good returns on maturity, as projected by Agent/Representative of the Opposite Parties, the Complainant deposited an amount of Rs.2,50,000/- with the Opposite Parties on 31.05.2014. The tenure of the Scheme was 72 months, on completion of which the Complainant was to get Rs.5,20,500/- per Certificate Annexure C-1. It has been alleged that on maturity, instead of releasing the amount, the Manager of the Opposite Parties lured the Complainant to re-invest the amount in their other Scheme. On the refusal of the Complainant, the Manager of the Opposite Parties flatly refused to release the amount. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case. However, nobody appeared on behalf of Opposite Parties despite service, therefore, they were proceeded ex-parte on 16.11.2020.
3.         Complainant led evidence.      
4.         We have gone through the entire record and heard the arguments addressed by the Ld. Counsel for the Complainant.
5.         In the ex-parte evidence, the complainant has tendered her duly sworn affidavit along with the supporting documents as mentioned in the complaint. From Annexure C-1, it is established on record that the complainant deposited a sum of Rs.2,50,000/- with the Opposite Parties on 31.05.2014 for a period of 72 months and on maturity, the Complainant would be entitled to get Rs.5,20,500/-.
6.         Furthermore, the absence of Opposite Parties draws an adverse inference against them that despite having knowledge of the dispute in question, they chose not to appear and they did not come forward to defend the claim of the complainant for the simple reason that either they admit the claim or left with nothing to contradict the claim raised by her. Hence, the allegations of the complainant supported by duly sworn affidavit go un-rebutted and unchallenged. The Opposite Parties have failed to remit the maturity amount to the Complainant despite her repeated requests/ visits, which itself amounts to deficiency in service as also indulgence into unfair trade practice on the part of the Opposite Parties.
7.         In view of the above discussion, we are of the opinion that the present complaint deserves to be allowed. The same is accordingly allowed. The Opposite Parties are, jointly and severally, directed as under :-

        (i)     To pay the maturity amount of Rs.5,20,500/- to the Complainant along with interest @9% p.a. from the date of maturity, till realization;

        (ii)    To pay Rs.15,000/- as compensation for mental agony and physical harassment to the complainant.

        (iii)   To pay Rs.10,000/- as costs of litigation.

8.         This order shall be complied with by Opposite Parties within 30 days from the date of receipt of its certified copy, failing which, Opposite Parties shall be liable to pay interest @12% p.a. instead of 9% p.a. on the amount mentioned at Sr. No.(i) from the date of maturity till realization and also to pay interest @12% p.a. on the compensation amount mentioned at Sr. No.(ii) from the date of filing the complaint till its realization, besides paying litigation expenses mentioned at Sr. No.(iii) above.
9.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

	Sd/-	Sd/-	Sd/-
11/02/2021	[DR.S.K.SARDANA]	[SURJEET KAUR]	[RATTAN SINGH THAKUR]
	Member	Member	President
“Dutt”