BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 72 of 2023
Date of Institution: 07.02.2023
Date of Decision: 06.06.2023.
Bhateri Devi aged about 53 years wife of Shri Lal Chand Verma, resident of Mela Ground, Near Maharana Partap School, Begu 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 BY SMT. SUKHDEEP KAUR, MEMBER:-
This complaint has been filed by complainant against the opposite parties seeking payment of Rs.30,508/- 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 her saving amount with the ops in the shape of monthly installments of Rs.500/- per month with op no.1 i.e. local branch of op no.2 under Saharayn Universal Multipurpose Home Point Scheme vide receipts and certificates issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 24846900043 dated 01.09.2017 of Rs.12,000/- maturity amount Rs.15,254/- maturity date was 01.09.2022.
(ii) Account/ Control/ ID/ Receipt No. 24846900046 dated 01.09.2017 of Rs.12,000/- maturity amount Rs.15,254/- maturity date was 01.09.2022 Transfer account of Raju.
3. It is further averred that after maturity ops have failed to make payment of the maturity amount to the complainant despite her 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 was locked and as such op no.1 was given up by learned counsel for complainant. Notice issued to op no.2 sent through registered cover was delivered as per delivery report but none appeared on behalf of op no.2. As such op no.2 was proceeded against exparte.
5. Complainant has tendered her affidavit Ex.C1 and receipts/ certificates as Annexures C1 to C4.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. From the receipts/ certificates C1 and C2, it is evident that from 01.09.2017 to 19.08.2019 complainant deposited total amount of Rs.12,000/- with the ops in monthly installments of Rs.500/- each. The complainant has also placed on file receipt/ certificate C3 and C4 of the amount of Rs.15,000/- deposited by Raju with the ops and has claimed maturity amount of said Raju. But however, she has not placed on file any authority letter of said Raju whereby he has authorized the complainant to seek his maturity amount. Moreover, she has also not proved on record that said account of Raju was transferred in her favour and as such complainant is only entitled to the amount deposited by her with the ops. According to the complainant after maturity ops have failed to refund the maturity amount of Rs.15,254/- to the complainant despite her 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 amounts from complainant on behalf of op no.2, so op no.2 is liable to refund the maturity amount to the complainant. The complainant is entitled to the maturity amount of Rs.15,254/- 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 maturity amount of Rs.15,254/- alongwith interest @6% per annum from the date of maturity till actual realization to the complainant. 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: 06.06.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
