BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 14 of 2023
Date of Institution: 11.01.2023
Date of Decision: 31.08.2023.
Chandi Kaur W/o Shri Angrej Singh, aged 50 years, resident of House No. 51, Ward No. 27, J.J. 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
Present: 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.57,500/- 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 installment of Rs.500/- per month and one FDR with op no.1 i.e. local branch of op no.2 under Saharayn Universal Multipurpose Sahara Star Two & Home Point Scheme vide receipts and certificates issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 24846900024 dated 15.05.2017 of Rs.30,000/- (500X60) maturity amount Rs.37,500/- maturity date was 15.5.2022.
(ii) Account/ Control/ ID/ Receipt No. 34019181294 dated 31.07.2017 of Rs.10,000/- maturity amount Rs.20,000/- maturity date was 31.11.2022.
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. On notice, op no.2 failed to appear despite notice sent through registered cover and as none appeared on behalf of op no.2 after stipulated period, as such op no.2 was proceeded against exparte. OP no.1 was given up by learned counsel for complainant.
5. The complainant in evidence has tendered her affidavit Ex.C1 and receipts/ certificates mark C1 to mark C3.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. The complainant in order to prove her above said version that she is entitled to the above said maturity amount of Rs.57,500/- against above said deposited amounts has placed on file her affidavit Ex.C1 and receipts/ certificates mark C1 to mark C3. There is no rebuttal to the pleading and evidence of complainant as op no.2 despite notice did not appear and opted to be proceeded against exparte. It is proved on record that above said amounts were deposited by complainant with op no.2 through op no.1 and as such op no.2 is liable to refund the above said amount of Rs.57,500/- to the complainant. There is nothing on file to disbelieve the version of complainant and that she is not entitled to the claimed maturity amount of Rs.57,500/- 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.57,500/- (after bifurcation of maturity amount of each deposit) alongwith interest @6% per annum from the date of each 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 ops. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced: Member Member President,
Dated: 31.08.2023. District Consumer Disputes
Redressal Commission, Sirsa.
