View 7664 Cases Against Sahara Credit Cooperative Society
View 33540 Cases Against Society
Vijay Tiwari filed a consumer case on 19 Sep 2023 against Sahara Credit Cooperative Society Ltd in the Ludhiana Consumer Court. The case no is CC/23/186 and the judgment uploaded on 21 Sep 2023.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.
Complaint No: 186 dated 12.05.2023. Date of decision: 19.09.2023.
Vijay Tiwari aged about 44 years son of Shri Darshan Tiwari, resident of Kalyanpur Khurd, Gopalganj, Bihar.
Aadhar Card No.6415 9379 6711
Mobile No.84091-40528. ..…Complainant
Versus
Complaint Under Section 35 of the Consumer Protection Act, 2019.
QUORUM:
SH. SANJEEV BATRA, PRESIDENT
MS. MONIKA BHAGAT, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Ms. Shruti, Advocate.
For OPs : Exparte.
ORDER
PER MONIKA BHAGAT, MEMBER
1. Briefly stated, the facts of the case are that Smt. Bindu Devi, wife of the complainant was the bonafide investor of the opposite parties, expired on 25.09.2022. The complainant Stated that he is the nominee of the deceased in recurring deposit scheme bearing account No.21045101150 obtained by her on 31.05.2014 from the opposite parties which was to be matured on 31.05.2020. She used to deposit the amount from time to time and deposited Rs.20,500/- till her death with the opposite parties which were to be paid to her on date of maturity but nothing has been paid till date. On completion of RD period, Smt. Bindu Devi contacted the opposite parties to release her amount and even after her death, the complainant also contacted the opposite parties but they prolonged the mater on one pretext or the other and refused to honour their legal liability. 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 paying the maturity amount along with interest and compensation to the tune of Rs.3,00,000/- on account of mental pain, agony and harassment.
2. Upon notice, none appeared on behalf of the opposite parties despite service and as such, the opposite parties were proceeded against exparte vide order dated 04.08.2023.
3. In evidence, the complainant tendered his affidavit as Ex. PA and reiterated his averments of the complaint. The complainant also placed on record copy of death certificate of Bindu Devi, Ex. C2 is the copy of passbook No.2740 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 his affidavit Ex. PA, 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. C2 reveals that the total amount of Rs.20,500/- was deposited by Smt. Bindu Devi, wife of the complainant with the opposite parties. The complainant has further proved on record the copy of passbook Ex. C2 issued by the opposite parties. As per copy of passbook of recurring deposit Ex. C2 shows that Smt. Bindu Devi deposited a total sum of Rs.20,500/- from 31.05.2014 to 30.01.2018 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 deceased Smt. Bindu Devi as well as by the complainant. The act and conduct of the opposite parties firstly inducing deceased Smt. Bindu Devi 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.20,500/- to the complainant along with interest @8% per annum from 30.01.2018 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 exparte with an order that the opposite parties shall be jointly and severally liable to pay the invested amount of Rs.20,500/- to the complainant along with interest @8% per annum from 30.01.2018 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) (Sanjeev Batra)
Member President
Announced in Open Commission.
Dated:19.09.2023.
Gobind Ram.
Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes
Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.