Versus
- Sahara India Ltd./Sahara Credit Cooperative Society Ltd., Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow, Uttar Pradesh-226024 through its authorized signatory.
- Sahara India Ltd./Sahara Credit Cooperative Society Ltd. Samrala Chowk, Ludhiana through its authorized signatory-141003.
- P.K. Paswan, Agent, Sahara India Ltd./Sahara Credit Cooperative Society Ltd. Samrala Chowk, Ludhiana through its authorized signatory-141003. …..Opposite parties
Complaint Under Section 35 of the Consumer Protection Act.
QUORUM:
SH. SANJEEV BATRA, PRESIDENT
SH. JASWINDER SINGH, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Sh. Vijender Singh in person.
For OP1 and OP2 : Exparte.
For OP3 : Complaint against OP3 dismissed as withdrawn.
ORDER
PER SANJEEV BATRA, PRESIDENT
1. Briefly stated, the facts of the case are that son of the complainant namely Ajit Singh was holder of FDR account No.69877200711, certificate No.787002143377 amounting to Rs.45,148/- dated 21.05.2018 which was to be matured after 18 months having maturity amount of Rs.52,868/- to be paid to Ajit Singh. The complainant submitted that on maturity of the FDR, opposite party No.3 without his consent and permission invested the maturity amount of Rs.52,868/- with Saharyn Universal Multipurpose Society Ltd. On the assurance that the complainant will get Rs.15,400/- as annual interest over the amount of Rs.52,868/- for period of 5 years. The complainant further stated that his son Ajit Singh expired on 22.10.2019 and his wife has pre-deceased of Ajit Singh and now the complainant being father, Daljeet Singh being son, Satnam Kaur being mother of Ajit Singh are his last legal heirs are entitled for the amount invested by his son Ajit Singh with the opposite parties. The complainant approached the opposite parties many times to pay the amount but they lingered on the matter on one pretext or the other and openly refused to pay the amount. The complainant served a legal notice dated 04.07.2022 to pay the amount of Rs.52,868/- along with Rs.15400/- annual interest but to no effect. Hence this complaint whereby the complainant prayed for refund of the amount of Rs.52,868/- along with Rs.15400/- annual interest amount from the date of maturity of the FDR and also to pay compensation of Rs.2,00,000/-.
2. Notice was sent to opposite party No.1 through registered post on 17.09.2022 but none appeared on behalf of opposite party No.1 despite service and as such, opposite party No.1 was proceeded against exparte vide order dated 22.11.2022. Similarly, notice was sent to opposite party No.2 through registered post but none appeared on behalf of opposite party No.2 despite service and as such, opposite party No.2 was proceeded against exparte vide order dated 10.02.2023.
3. On 05.05.2023, the complainant suffered statement to withdraw the present complaint against opposite party No.3 and in view of his statement the complainant was dismissed as withdrawn against opposite party No.3 vide order dated 05.05.2023.
4. In evidence, the complainant tendered his affidavit as Ex. CA and reiterated his averments of the complaint. The complainant also placed on record documents i.e. Ex. C1 is the copy of certificate No.787002143377, Ex. C2 is the copy of certificate No.467003686159, Ex. C3 is the copy of having control No.69877300636, Ex. C4 is the copy of death certificate of Ajit Singh, Ex. C5 is the copy of death certificate of Sharanjeet Kaur, Ex. C6 is the copy of Aadhar card of Ajit Singh, Ex. C7 is the copy of Aadhar card of Sharanjit Kaur, Ex. C8 is the legal notice dated 04.07.2022, Ex. C9 to Ex. C11 are the postal receipts, Ex. C12 is the copy of Aadhar card 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 his 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 receipt Ex. C1 issued by the opposite parties at the time the amount of Rs.45,158/- was invested and also produced copy of receipt Ex. C2 issued by the opposite parties vide which Rs.13,800/- was invested on 08.03.2018. Though the exparte evidence has gone unrebutted on the file, the certificate/receipt Ex. C1 reveals that the maturity amount of Rs.52,868/- has been mentioned therein with date of maturity 21.11.2019 along with interest @11% per annum. However, on certificate Ex. C2 no amount of maturity and date of maturity has been mentioned. Even rate of interest is also not mentioned on Ex. C2. In these circumstances, it would be just and proper if opposite party No.1 and 2 are directed to pay the maturity amount of Rs.52,868/- along with interest @8% from 21.11.2019 till date of actual payment and also to pay the amount of Rs.13,800/- along with interest @8% per annum from 08.03.2018 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 opposite party No.1 and 2 shall be jointly and severally liable to pay the maturity amount of Rs.52,868/- along with interest @8% from 21.11.2019 till date of actual payment and also to pay the amount of Rs.13,800/- along with interest @8% per annum from 08.03.2018 till date of actual payment. Opposite party No.1 and 2 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.
(Jaswinder Singh) (Sanjeev Batra) Member President
Announced in Open Commission.
Dated:05.05.2023.
Gobind Ram.
Vijender Singh Vs Sahara Credit Coop. Society Limited CC/22/353
Present: Complainant Sh. Vijender Singh in person.
OP1 and OP2 exparte.
The complainant suffered statement to withdraw the present complaint against opposite party No.3. In view of statement of the complainant, this complaint stands dismissed as withdrawn against opposite party No.3.
The complainant closed evidence after tendering affidavit Ex. CA along with documents Ex. C1 to Ex. C12.
Arguments heard. Vide separate detailed order of today, the complaint is allowed exparte with an order that opposite party No.1 and 2 shall be jointly and severally liable to pay the maturity amount of Rs.52,868/- along with interest @8% from 21.11.2019 till date of actual payment and also to pay the amount of Rs.13,800/- along with interest @8% per annum from 08.03.2018 till date of actual payment. Opposite party No.1 and 2 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.
(Jaswinder Singh) (Sanjeev Batra) Member President
Announced in Open Commission.
Dated:05.05.2023.
Gobind Ram.
