Haryana

Charkhi Dadri

CC/133/2019

Subhash Chander - Complainant(s)

Versus

Sahara India Parivar - Opp.Party(s)

Complainant In Person

08 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                Complaint Case No. 546 of 2019

                                                Date of Institution: 17.07.2019

                                                RBT Case No.      133/30.09.2019

                                                Date of Decision: 08.04.2024       

 

Subhash Chander aged about 67 years son of Sh. Kalu Ram resident of village Sunderheti P.O.Sasroli, Tehsil Matanhel Distt. Jhajjar

 

                                                                        ….Complainant.

                                        Versus

 

1. Sahara India Parivar, near  Bus Stand, Bansal Market, Ch.Dadri, The. & Distt. Charkhi Dadri through Regional Manager.
2. Sahara India Bhawa,1, Kapoorthala Complex, aliganj, Lucknow 226024 through M.D./Authorized Signatory.
3. Area Manager, Sahara Q Shop North, SCO-84A Second Floor, Sahara India, Phase-5, Sector-58, Mohali (Punjab)

 

•  

 

        COMPLAINT UNDER THE CONSUMER PROTECTION ACT.

 

Before: -    Hon’ble Sh. Manjit Singh Naryal, President

                Hon’ble Sh. Dharam Pal Rauhilla, Member.

 

Present:     Sh. Sachin Maratha, Adv. for complainant.

                OP no.2 exparte vide order dt. 30.09.2022.

                OP no.1 expartevide order dt.19.01.2024.

                OP no.3 exparte vide order dt. 12.03.2024

 

ORDER:-

              

1.             Brief facts of the present complaint, according to the complainant, are that being attracted by the benefits and good return on investment as explained by the OPs, the complainant had invested the amount of Rs. 10,000/-with the OPs on 13.04.2007 and for this purpose, the OPs issued receipt No. 010322082153. It is averred that the complainant was entitled for total maturity amount of Rs. 30,000/- on 13.06.2019 after the maturity period of said certificate/FD and it is averred that the complainant is fully entitled to receive the aforesaid amount as maturity amount from the OPs. But it is averred that the OPs failed to pay the said maturity amount to the complainant despite completion of entire required formalities for payment of maturity amount by the complainant.  It is prayed by the complainant that the OPs be directed to pay the maturity amount of certificate along with interest, compensation and the litigation expenses besides any other relief which this Commission may found deem fit and proper.

2.            OP no.2 did not appear and it was proceeded exparte on 30.09.2022

3.             OP no.1 did not appear and it was proceeded exparte on 19.01.2024

 4.            OP no.3 did not appear and it was proceeded exparte on 12.03.2024

3.             In the exparte evidence, the complainant has tendered into evidence affidavit Ex. CW-1/A and documents Ex. C-1 to Ex.C3 and closed the evidence on 12.03.2024.

4.             We have heard the exparte arguments of learned counsel of the complainant and have gone through the entire evidence placed on record by the complainant very carefully and minutely.

        During the course of arguments, the learned counsel of complainant reiterated the contents of complaint filed by the complainant and drawn the attention of this Commission towards the documents placed on record by the complainant.

5.           We have perused the documents placed on file very carefully and minutely. After hearing the exparte arguments of learned counsel of complainant, going through the entire case file and perusing the documents placed on record very carefully and minutely, we have observed that in the present complaint, the complainant by filing his affidavit (Ex. CW-1/A), has corroborated the contents of his complaint as true and correct, and has further placed on record one certificate issued by the OPs under Sahara India Commercial Corp. Ltd. for 12 years i.e. receipt bearing No. 10322082153 (Ex. C-2). On perusal of aforementioned receipt (Ex. C-2), we have observed that the amount of Rs. 10,000/- vide certificate (Ex. C-2) on 13.04.2007 have been found deposited in the name of complainant under the said scheme. Simultaneously on the same day i.e. 13.04.2007 mentioning the said receipt no. 10322082153 another certificate serial no.963000042716 was issued which reveals  that 10 (Ten) fully paid up bonds “SAHARA T” of Rs.  One Thousand each were issued to the complainant  for Rs. 10,000/-. The redemption value of the said bonds has been mentioned Rs. 30,000/- (Rupees Thirty Thousand only) with redemption date 13.06.2019 on the said certificate (Ex.C-3)

6.             From the unrebutted evidence of complainant produced in the form of certificate Ex. C-2&Ex.C3 and corroborated by affidavit (Ex. CW-1/A) filed by complainant, it is established that by not refunding the deposited amount on maturity date of the said scheme to the complainant, the OPs seems to have acted in a deficient and negligent manner towards the complainant in not paying the maturity amount under the terms and conditions of the said scheme, so introduced by them (OPs).

7.             In the result, we hereby direct the OPs to pay the said redemption value/maturity amount of Rs. 30,000/-of certificate (Ex. C-3) vide receipt no. 010322082153 to the complainant along with 9% p.a. rate of interest from the date of final maturity of said certificate i.e. 13.06.2019 (as mentioned on certificate Ex. C-3) till its final payment.

8.          The OPs are also directed to pay a sum of Rs. 3000/-(Rupees Three Thousand Only) on account of mental agony, harassment etc. and Rs. 3000/-(Rupees Three Thousand Only) as litigation expenses to the complainant.

9.           The present complaint stands allowed in the manner as indicated above.

10.           The above order be complied within 45 days from the date of receiving the copy of this order.

11.            Certified copies of order be supplied to the parties free of costs.

12.            File be consigned after due compliance.