BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 492 of 2019
Date of Institution : 22.08.2019
Date of Decision : 06.02.2020.
Dr. Gorakh Nath Verma (Dr. G.N. Verma) aged about 45 years, Verma Path Lab, Sangwan Chowk, Circular Road, Near Canara Bank, Sirsa, Tehsil and District Sirsa.
……Complainant.
Versus.
1. Sahara Credit Cooperative Society Limited, having its registered office at Sahara India Bhawan, 1, Kapoorthala Complex Aliganj, Lucknow.
2. Sahara Credit Cooperative Society Limited having its Branch Office under Over Bridge, Dr. Jyani Street, Near Ambedkar Chowk, Sirsa, District Sirsa.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
SMT. SUKHDEEP KAUR…………… MEMBER
Present: Sh. Jagwant Singh Panghal, Advocate for the complainant.
Sh. J.S. Sidhu, Advocate for opposite parties.
ORDER
In brief, the case of the complainant is that in the month of August, 2016 a representative/ Incharge of the opposite parties approached the complainant at Sirsa and allured him to purchase the membership of the ops according to which the complainant had to deposit a sum of Rs.50,000/- and it was promised by the representative/ Junior Executive of the ops that after completion of 12 months from the date of opening of account, maturity shall be paid to the complainant alongwith interest as per Account Settlement Chart. In this manner, after maturity the complainant had to receive a sum of Rs.54,500/-. It is further averred that being impressed with the promise made by the representative of the ops, complainant purchased six plans of Rs.50,000/- each on 31.8.2016 vide certificate Nos. 705000937101, 705000937102, 705000937103, 705000937104, 705000230799 and 705000230800 which were to be matured on 31.8.2017 and he had to receive a sum of Rs.54,500/- each against each of the plan. The complainant deposited Rs.3,00,000/- in total and ops are liable to pay the maturity amount of Rs.3,27,000/- of his six plans. It is further averred that on 30.9.2016, complainant had also purchased another plan bearing certificate No. 705000937105 and had deposited a sum of Rs.1,07,000/- and the same was to be matured on 30.9.2017 and complainant had to receive a sum of Rs.1,16,630/-. All the receipts issued by the ops bear the stamps and signatures of their representative i.e. Ajit Kumar Junior Executive. The complainant is entitled to receive total sum of Rs.4,43,630/- of seven plans. It is further averred that at the time of sale of the said plans to complainant, it was promised by ops through their representative at Sirsa that they shall provide best services to complainant and amount shall be released to him immediately after the maturity of the plans i.e. 12 months. That out of total seven plans, six plans were matured on 31.8.2017 whereas seventh plan of Rs.1,07,000/- was matured on 30.9.2017 and thus complainant had become entitled to get released the maturity amounts under the said plans from the ops. That after the maturity of all the plans, the complainant contacted op no.2 at Sirsa and requested to pay the maturity amounts of all the plants but the op no.2 kept on avoiding the request of complainant on one false pretext or the other and now about a week ago, the ops have flatly refused to pay the said maturity amount to the complainant. That such act and conduct on the part of ops clearly amounts to deficiency in service, unfair trade practice and gross negligence on account of which complainant has suffered unnecessary harassment and mental tension and also suffered financial loss. Hence, this complaint.
2. On notice, opposite parties appeared through counsel and sought various opportunities for filing written statement including two last opportunities but did not file any written statement and as such defence of ops was struck of.
3. The complainant in his evidence tendered his affidavit Ex.CW1/A and copies of receipts Ex.C2 to Ex.C8.
4. We have heard learned counsel for the parties and have perused the case file carefully.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.C1/A in which he has deposed and reiterated all the averments made in the complaint. He has also furnished copies of receipts Ex.C2 to Ex.C8. The pleadings and evidence led by the complainant goes as unchallenged and unrebutted as the opposite parties despite appearance failed to contest the complaint by filing written reply despite availing several opportunities. There is nothing to disbelieve and discard the version of the complainant. It is proved on record from receipts Ex.C2 to Ex.C5 and Ex.C7 and Ex.C8 that complainant purchased the membership of the opposite parties and purchased six plans of Rs.50,000/- each on 31.8.2016 which were to be matured on 31.8.2017 and he had to receive a sum of Rs.54,500/- each against each of six plans. It is proved on record that vide above said six receipts, the complainant had deposited total amount of Rs.3,00,000/- on 31.8.2016 and on maturity on 31.8.2017, he was to receive total amount of Rs.3,27,000/- of above said six plans. Besides this, it is also proved on record that on 30.9.2016 complainant had purchased another plan from the opposite parties and had deposited a sum of Rs.1,07,000/- and on maturity on 30.9.2017, he was to receive another sum of Rs.1,16,630/- from the opposite parties. But despite maturity of the above said seven plans, the opposite parties have failed to return the agreed amount to the complainant and non payment of the maturity amounts clearly proves deficiency in service and unfair trade practice on the part of the opposite parties.
6. In view of above, we allow this complaint and direct the opposite parties to pay the maturity amounts i.e. total amount of Rs.4,43,630/- to the complainant within a period of 30 days from the date of receipt of copy of this order. The Ops are further directed to pay interest at the contractual rate of interest which was agreed between the parties from the date of maturities of the plans till the date of filing of the complaint and they are further directed to pay interest @ 7 % per annum from the date of filing of the complaint till its realization. We also direct the ops to further pay a sum of Rs.10,000/- as compensation for harassment and Rs.2,000/- on account of litigation expenses to the complainant. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced in open Forum. President,
Dated:06.02.2020. Member District Consumer Disputes
Redressal Forum, Sirsa.
