BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 454 of 2022
Date of Institution: 20.07.2022
Date of Decision: 26.05.2023.
Ajay Kumar son of Shri Gurbachan Lal, aged 27 years, resident of 107/1, village Sukherbala Abubshahar, Tehsil Mandi Dabwali, Distt. Sirsa.
………Complainant.
Versus
1. Sahara India Pariwar cum Sahara India Cooperative Society Ltd., Branch located at adjoining Jyani Hospital, Near State Bank of India, Main Branch, 2nd Floor, Sirsa, Distt. Sirsa, through its Branch Manager.
2. Sahara India Cooperative Society Ltd., Reg. Office at Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow- 226024 through its authorized person.
……… Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR………. PRESIDENT
SMT. SUKHDEEP KAUR……………..MEMBER
Argued by: Sh. Narendra Sharma, Advocate for complainant.
Opposite parties exparte.
ORDER BY SMT. SUKHDEEP KAUR, MEMBER
This complaint has been filed by complainant against the opposite parties seeking payment of Rs.1,18,576/- as maturity amount alongwith interest besides compensation for harassment and litigation expenses from ops.
2. In brief, the case of complainant is that complainant deposited his saving amount with the ops in the shape of monthly installments with op no.1 i.e. local branch of op no.2 under Sahara S Bhavishya Scheme vide receipt and certificate issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 64673700069 dated 12.05.2011 of Rs.36,000/- maturity amount Rs.1,18,576/- pre maturity date was 12.05.2021.
3. It is further averred that after maturity ops have failed to make payment of the maturity amount to the complainant despite his several requests and visits and have caused unnecessary harassment and mental agony. Hence, this complaint.
4. On notice, initially opposite parties appeared through counsel and sought adjournments for filing written statement but on 21.12.2022 when the case was fixed for filing written statement and power of attorney on behalf of opposite parties, none appeared on their behalf and as such ops were proceeded against exparte.
5. Complainant has tendered his affidavit Ex.C1 and receipts/ certificates Ex.C2 and Ex.C3.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. Though complainant has claimed that he deposited total amount of Rs.36,000/- with the ops from 12.05.2011 and is entitled to maturity amount of Rs.1,18,576/- but from the receipts/ certificates Ex.C2 and Ex.C3 placed on file by complainant, it is evident that up to 31.05.2017 complainant deposited amount of Rs.23,400/- with the ops. According to the complainant, the ops have failed to refund the maturity amount to the complainant despite his several requests. The ops despite appearance did not file any written version and ultimately opted to be proceeded against exparte. The complainant is entitled to the maturity amount of Rs.23,400/- from ops. Non payment of amount of complainant clearly amounts to deficiency in service as well as unfair trade practice on the part of ops.
8. In view of our above discussion, we allow this complaint and direct the opposite parties to pay the maturity amount of Rs.23,400/- as per their plan/ scheme alongwith interest @6% per annum from the date of maturity till actual realization to the complainant. We also direct the ops to further pay a sum of Rs.5000/- as composite compensation for harassment and litigation expenses to the complainant. The ops are liable to comply with this order within a period of 45 days from the date of receipt of copy of this order, failing which complainant will be at liberty to initiate proceedings under Section 71/72 of the Consumer Protection Act, 2019 against the ops. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced: Member President,
Dated: 26.05.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK