Delhi

North East

CC/80/2022

Sh. Raj Kumar - Complainant(s)

Versus

Sahara India Company Ltd. - Opp.Party(s)

21 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 80/22

In the matter of:

 

	Sh. Raj kumar S/o Sh. Sarvjeet, R/o H.No. C-148, St. No. 3, Ambika Vihar, Shiv Vihar, Delhi-110094	Complainant
	Versus
1.           2.         3.	Sahara India Co. Ltd. Through its Manager, At D 57/A, Adarsh Market, Ghonda Road, Yamuna Vihar, Delhi-110053   Sahara Q Shop Unique Products Range Ltd., Thorough its Manager, At Sahara India Bhawan, I, Kapurthala Complex, Aliganj, Lucknow, U.P 226024   Saharayn Universal Multipurpose Society Ltd., Through its Manager, At 195, Zone 1, In front of DB Mall, M.P. Nagar, Bhopal, Madhya Pradesh 462011	Opposite Party No.1           Opposite Party No.2               Opposite Party No.3

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON: DATE OF ORDER:

31.03.22 11.08.23 21.09.23

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain Member

ORDER

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

Case of the Complainant

1. The facts of the case as revealed from the record are the official of Opposite Party No.1 told Complainant that Opposite Party No.2 and 3 work under Opposite Party No.1 and on the assurance of Opposite Party No.1 Complainant paid Rs. 21,000/- vide receipt no. 71024408929,  Rs. 21,000/- vide receipt no. 71019368195 and Rs. 25,200/- vide receipt no. 71011853158 to Opposite Party No.2 in 2012 and Complainant got assurance that he will receive Rs. 45,059/-, Rs. 45,059/- and Rs. 54,070/-regarding the above said receipts  in year 2018. In 2018 Complainant requested Opposite Party No.1 and 2 to make payment to Complainant but officials told Complainant to invest the abovesaid amount for 36 months under name of Opposite Party No.3 and Complainant agreed for the same and Opposite Party No.3 issue certificates. The Complainant stated that on assurance of Opposite Party Complainant approached Opposite Party No.1 in November 2021 to repay the above said amount but officials of Opposite Party No.1 avoided the same on one pretext or another. The Complainant stated that Opposite Parties are liable to pay Rs. 2,56,461/- but Opposite Parties withheld the said amount without any reason or justification. The Complainant has also sent legal notice to Opposite Party dated 24.01.22 but despite receipt of the said notice Opposite Party neither replied nor complied the same.  The Complainant has prayed for Rs. 2,56,461/- with interest @ 12 % p.a. since November 2021. He has also prayed for Rs. 1,00,000/- for mental harassment and Rs. 50,000/- as litigation expenses.
2. None has appeared on behalf of Opposite Party No.1 despite service of dasti notice on 07.10.22 to contest the case. The Opposite Party No.2 neither appeared on the various dates nor filed written statement within the stipulated period of 45 days therefore both the Opposite Parties were proceeded against Ex-parte vide order dated 21.11.22.

Ex-parte Evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments and Conclusion

4. We have heard the Complainant. We have also perused the file and the written arguments filed by the Complainant. The case of the Complainant is that he had invested Rs. 21,000/- vide receipt no. 71024408929, Rs. 21,000/- vide receipt no. 71019368195 and Rs. 25,200/- vide receipt no. 71011853158 with Opposite Party No.2 in 2012. It is further submitted by the Complainant that the same amount was reinvested by the Opposite Party i.e. Rs. 21,000/- vide certificate no. 467 004172354, Rs. 21,000/- vide certificate no. 467004172355, and Rs. 25,200/- vide certificate no. 467 004172356 on 14.06.18. As far as investment made by the Complainant in the year 2012 there is no maturity amount is mentioned in the certificates while certificates issued on 14.06.18 maturity amount is mentioned that receipt to Certificate no. 467 004172354 of Rs. 48,542/-, Certificate no. 467004172355 of Rs. 48,164/- and Certificate no. 467 004172356  of Rs. 58,179/- which are payable after 36 months from the date of joining i.e. 14.06.18. On the other hand, the Opposite Party No.1 and Opposite Party No.2 were proceeded against Ex-parte vide order dated 21.11.22 as none has appeared on behalf of Opposite Party No.1 despite service of dasti notice and Opposite Party No.2 neither appeared on the various dates nor filed the written statement  within the stipulated time of 45 days. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. Therefore, the averments made in the complaint are to be believed. 
5. In view of the above, the complaint is allowed. Opposite Parties are directed to pay Rs. 1,54,885/-( Rs. 48,542/-  + Rs. 48,164/-  +  Rs. 58,179/- ) jointly and severally to the Complainant  along with interest @ 9 % p.a. from the date of 13.06.21. Opposite Parties are further directed to pay Rs. 25,000/- as mental harassment and Rs. 10,000/- towards litigation expenses jointly and severally to the Complainant with interest @ 9 % p.a. from the date of this order till recovery.
6. Order announced on 21.09.23.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)          ( Member)

(Adarsh Nain) (Member)

(Surinder Kumar Sharma) (President)