BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 26 of 2023
Date of Institution: 16.01.2023
Date of Decision: 20.09.2023.
Atibh Sharma aged about 29 years son of Shri Narendra Sharma, resident of Bharat Nagar, Street No.2, Kanganpur Road, 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
SH. OM PARKASH TUTEJA…………MEMBER
Argued by: Sh. Narendra Sharma, Advocate for complainant.
Opposite party no.1 given up.
Opposite party no.2 already exparte.
ORDER:-
This complaint has been filed by complainant against the opposite parties seeking payment of Rs.13,776/- i.e. refund of pre-maturity amounts 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 02 FDRs with op no.1 i.e. local branch of op no.2 under Saharayn Universal Multipurpose Super BB, Star two scheme vide receipts and certificates issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 3403430480 dated 20.10.2021 of Rs.1074/- maturity date is 20.2.2026.
(ii) Account/ Control/ ID/ Receipt No. 3403430481 dated 20.10.2021 of Rs.12,702/- maturity date is 20.2.2026.
3. It is further averred that total amounts of FDRs have been lying deposited with the ops and ops also assured the complainant that if he requires the amount before maturity date, then he can withdraw the same after one year as per scheme. The ops have failed to make payment of the above said amounts to the complainant despite his several requests and visits and have caused unnecessary harassment and mental agony. Hence, this complaint.
4. Notice of the complaint was issued to the opposite parties. Notice issued to op no.1 received back with the report that office has been closed and as such op no.1 was given up by learned counsel for complainant. Notice was sent to op no.2 through registered cover and as none appeared on behalf of op no.2 despite delivery of notice, therefore, op no.2 was proceeded against exparte.
5. Complainant has tendered his affidavit Ex.C1 and receipts/ certificates as mark C1 to mark C3.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. The complainant has claimed total amount of Rs.13,776/- of the two FDRs and has placed on file receipts/ certificates mark C1 to mark C3. According to the complainant ops have failed to refund the above said amount to the complainant despite his several requests. The opposite party no.2 despite notice has failed to appear and failed to rebut the pleadings and evidence of complainant rather opted to be proceeded against exparte. It is proved on record that op no.1 received the amount from complainant on behalf of op no.2, so op no.2 is liable to refund the amount to the complainant. There is nothing on file to disbelieve the version of complainant and that he is not entitled to the amount of Rs.13,776/- from op no.2. Non payment of amount of complainant clearly amounts to deficiency in service as well as unfair trade practice on the part of op no.2.
8. In view of our above discussion, we allow this complaint and direct the opposite party no.2 to pay the above said amount of Rs.13,776/- to the complainant. The op no.2 is liable to pay interest on the said amount as per its scheme from the date of deposit till realization. We also direct the op no.2 to further pay a sum of Rs.5000/- as composite compensation for harassment and litigation expenses to the complainant. The op no.2 is 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 op no.2. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced: Member Member President,
Dated: 20.09.2023. District Consumer Disputes
Redressal Commission, Sirsa.
