Haryana

Bhiwani

CC/60/2018

Seema - Complainant(s)

Versus

Sahara Credit - Opp.Party(s)

N.M Sharma

10 Jul 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

                                                           

         Complaint Case No. :         60 of 2018

                                                            Date of Institution    :  17.04.2018

                                                           Date of Decision      :         10.07.2024

 

 

Seema wife of Shri Narender R/o Brahma Coloony, Bhiwani, Tehsil and District Bhiwani.

               ..…Complainant.

 

  Versus

 

 

1.       Sahara Credit Cooperative Society Ltd., Krishna Colony, Bhiwani through its Manager.

 

2.       Sahara Credit Cooperative Society Ltd., Regd. Office: Sahara India Bhawan-1, Kapoorthala Complex, Aliganj, Lucknow through its authorized signatory.

 

3.       Beena Devi R/o Gali No.2 Bank Colony, Bhiwani (Agent Sahara India Cooperative Society, Bhiwani).

 

          .…Opposite Parties

 

   

Complaint under Section 12 of the Consumer Protection Act, 1986.

 

                                                               

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-       Sh. Narender Mohan Sharma, Advocate for complainant.

Sh. Jagdev Sheoran, Advocate for OPs No.1 & 2 (defence struck off).

Sh. Ripu Daman, Advocate for OP No.3.

 

1.                 Brief facts of the present complaint are that complainant deposited Rs.60,000/- with OPs in installment of Rs.1000/- from January 2013, for five years and on the date of maturity the amount was payable as Rs.77,947/-. So, on the maturity date, complainant approached OPs for release of the amount but it was not released despite various requests and issuance of legal notice dated 16.03.2018. Hence, the present complaint has been preferred by complainant alleging mental agony and physical harassment as well as monetary loss to the complainant, and to issue directions to OPs to release the amount of Rs.77,947/- alongwith interest @ 24% per annum from the date of maturity till its realization. Further to pay Rs.11,000/- on account of compensation for harassment besides Rs.11000/- as costs of litigation. Any other relief to which this Hon’ble Commission deems fit has also been sought.

2.                 Upon notice, OPs appeared through counsel but failed to file written statement despite availing sufficient opportunities, as such, defence of OP No.1 & 2  was struck off vide order dated 10.08.2022.

3.                 OP No.3 filed written statement submitting that the amount was deposited by complainant but the amount on maturity alongwith interest etc. was to be paid by the OPs. In the end, prayed for allowing the complaint of complainant.

4.                 No evidence produced on behalf of complainant despite availing sufficient opportunities, as such, evidence of complainant was closed by Court vide order dated 31.10.2023.

5.              On the other side, no evidence tendered on behalf of OPs No.1 & 2 despite availing last opportunity.

6.              Ld. counsel for OP No.3 adopted its already filed written statement as evidence of this OP and closed the same.  

7.              We have heard final arguments from both the sides and have gone through the entire record minutely.

8.                 The complainant being a member of the OPs society deposited Rs.60,000/- with OPs in installment of Rs.1000/- for 60 months starting from 31.01.2013 vide account no.55004800104 as per account details on the file and maturity date of the amount was 31.01.2018 but there is no record of maturity amount as alleged by complainant in his complaint.  The grievance of the complainant is that the OPs have not released the maturity amount despite the fact that she visited the office of OPs several times asking them to release the maturity amount, but the OPs have failed to redress the genuine request of the complainant.

9.                 After hearing learned counsel for the parties and going through the record, we have observed that the OPs have no justification, to withhold the maturity amount of complainant. Further, the OPs have utterly failed to perform their part of obligations.  It is pertinent to mention here that the OPs, even after the filing of this complaint and during the pendency of this complaint, have not shown any interest to release the maturity amount to the complainant.  In view of the aforesaid discussion, we conclude that there has been lapse and deficiency on the part of the OPs No.1 & 2 while delivering services to the complainant which has caused mental and physical harassment to the complainant as well as monetary loss. Hence the complaint is allowed and OPs No.1 & 2, jointly and severally, are directed to comply with the following directions with 40 days from the date of passing of this order:-

 (i)      To pay a sum of Rs.60,000/- (Rs. Sixty thousand) to the complainant alongwith simple interest @ 9% per annum from the date of filing of this complaint till its actual realization subject to fulfilling necessary formalities, if any. 

 

(ii)      To pay a sum of Rs.5,000/- (Rs. Five thousand) as compensation for harassment.

 

(iii)     Also to pay Rs.5500/- as litigation expenses.

                              In case of default, the aforementioned all the amounts shall attract simple interest @ 12% per annum for the period of default.

                              Further, if this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite parties No.1 & 2 may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Copies of this order be sent to the parties concerned, free of costs, as per rules.  File be consigned to the record room after due compliance. 

Announced.

Dated:10.07.2024