BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 148 of 2023
Date of Institution: 29.03.2023
Date of Decision: 20.09.2023.
Bharat Bhushan aged about 48 years son of Shri Parma Nand, resident of RSD Colony, 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.5,08,526/- as pre 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 six FDRs with op no.1 i.e. local branch of op no.2 under Saharayn Universal Multipurpose Sahara Star two scheme vide receipts and certificates issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 34038190227 dated 29.06.2019 of Rs.1,00,000/- maturity date is 29.11.2024.
(ii) Account/ Control/ ID/ Receipt No. 34038190228 dated 29.06.2019 of Rs.1,00,000/- maturity date is 29.11.2024.
(iii) Account/ Control/ ID/ Receipt No. 34038190229 dated 29.06.2019 of Rs.1,00,000/- maturity date is 29.11.2024.
(iv) Account/ Control/ ID/ Receipt No. 34038190230 dated 29.06.2019 of Rs.65,000/- maturity date is 29.11.2024.
(v) Account/ Control/ ID/ Receipt No. 34038190231 dated 29.06.2019 of Rs.43,526/- maturity date is 29.11.2024.
(vi) Account/ Control/ ID/ Receipt No. 34038190231 dated 29.06.2019 of Rs.1,00,000/- maturity date is 29.11.2024.
3. It is further averred that total amounts of FDRs have been lying with the ops and they assured the complainant that if the amount is required by him before maturity, he can withdraw the same after one year as per scheme. That complainant has requirement of the amount, hence he alongwith his family members and friends visited the ops on many occasions but they failed to make payment so far and are lingering on the matter on one pretext or the other 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 C6.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. From the receipts/ certificates mark C1 to mark C6, it is evident that on 29.06.2019 complainant deposited above said amounts with the ops in FDRs and has sought pre maturity amount but according to complainant ops have failed to refund the 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 claimed amount of Rs.5,08,526/- 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 amount of Rs.5,08,526/- alongwith up to date interest as per scheme of op no.2 from the date of deposit till actual payment. 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.
