Punjab

Ludhiana

CC/20/344

Sham Sunder - Complainant(s)

Versus

Sahara India Parivar - Opp.Party(s)

Rajiv Goyal Adv.

02 Sep 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 344 dated 09.12.2020.                                                       

Date of decision: 02.09.2021. 

 

Sham Sunder aged about 47 years, son of Sh.Satpal, resident of 1321, Bagh Wali Gali, Trunk Wala Bazar, Ludhiana, District Ludhiana.                                                                                                                                                                                                                                  ..…Complainant

                                                Versus

1. Sahara India Parivar, Registered Office, Sahara India Bhawan, 1, Kapurthala Complex, Aliganj, Lukhnow-226024 through its Authorized Signatory/Managing Director.
2. Sahara India Parivar, B-1/367, Guru Nanakpura, Opposite Petrol Pump, Backside Kailash Cinema, Ludhiana-141001, through its Branch Manager.                                                                                                                                                                  …..Opposite parties 

Complaint under Consumer Protection Act, 1986.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Rajiv Goyal, Advocate.

For OPs.                         :         Exparte.

ORDER

PER K.K. KAREER, PRESIDENT

1.                Simply put, the case of the complainant is that he invested a sum of Rs.5000/- on 22.09.2005 and Rs.3,000/- each on 01.12.2005 and 02.01.2006 with OP2 by way of 3 FDRs for 146 months. As per the terms and conditions of the FDRs, the OPs were required to pay a sum of Rs.15,000/- on 22.11.2017 and Rs.9,000/- each on 01.02.2018 and 02.03.2018. After the date of maturity, when the complainant tried to submit the original FDRs in the office of OP2 for encashment, but  OP2 refused to receive the same and told the complainant  to come after sometime. The complainant visited the office of the OP2 several times, but OP2 did not release the amount. Even a legal notice dated 23.01.2020 served upon the OPs failed to evoke a positive response from them. Hence the complaint, whereby it has been requested that the OPs be directed to pay a sum of Rs.33,000/- with interest along with compensation of Rs.15,000/- and litigation expenses of Rs.10,000/-.

2.                Upon notice, OPs did not appear despite service and were proceeded against exparte.

3.                In exparte evidence, the complainant submitted her affidavit as Ex. C1 along with documents Ex. C2 to Ex. C7 and closed the evidence.

4.                We have heard the counsel for the complainant and have also gone through the record.

5.                From the allegations made in the complainant and the affidavit Ex. C1 furnished in support thereof along with documents Ex. C2 to Ex. C7, it is evident that the complainant invested Rs.5,000/- on 22.09.2005 vide FDR Ex. C2 and Rs.3,000/- each vide FDR Ex. C3 dated 01.12.2005 and Ex. C4 dated 02.01.2006, which were due for maturity on 22.11.2017, 01.02.2018 and 02.03.2018 respecrtively.

6.                It is further in exparte evidence that after the date of maturity when the FDRs were presented for encashment by the complainant, the OPs failed to pay the maturity amount to the complainant. This amounts to deficiency of service on the part of the OPs, who are held liable to pay the same along with interest @8% per annum and composite costs of Rs.5,000/-

7.                As a result of above discussion, the complaint is allowed exparte with an order that the OPs shall be jointly and severally liable to pay the maturity amount of Rs.33,000/- to the complainant along with interest @8% per annum  from 02.03.2018  till date of actual payment. OPs shall further pay a sum of Rs.7,000/- (Rupees Seven Thousand only) as composite compensation to the complainant. Compliance of the 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)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:02.09.2021.

Gobind Ram.