BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 466 of 2022
Date of Institution: 26.07.2022
Date of Decision: 04.08.2023.
Deepak Kumar son of Shri Partap Singh, aged 41 years, resident of Vasdev Mehta Wali Street, Colony Road, Mandi Dabwali, Tehsil Mandi Dabwali, District 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
Present: Sh. Narendra Sharma, Advocate for complainant.
Opposite parties exparte.
ORDER:-
This complaint has been filed by complainant against the opposite parties seeking payment of Rs.1,33,190/- 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 and FDR with op no.1 i.e. local branch of op no.2 under Saharayn Universal Multipurpose Super BB Society Limited, Sahara M. Benefit and Sahara A. Select, Sahara Q Shop Scheme vide receipts and certificates issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 64674200127 dated 4.2.2012 of Rs.60,000/- (1000X60) maturity amount Rs.77,000/- maturity date was 4.2.2017.
(ii) Account/ Control/ ID/ Receipt No. 64674800140 dated 30.3.2013 of Rs.30,000/- (500X60) maturity amount Rs.38,500/- maturity date was 30.3.2018.
(iii) Account/ Control/ ID/ Receipt No. 64675600477 dated 1.12.2015 of Rs.13,000/- maturity amount Rs.15,340/- maturity date was 1.6.2017.
(iv) Account/ Control/ ID/ Receipt No. 864672000029 dated 7.7.2012 of Rs.1,000/- maturity amount Rs.2350/- maturity date was 7.7.2018.
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 adjournment for filing written statement but on 14.11.2022 when the case was fixed for filing written statement alongwith power of attorney on behalf of ops, none appeared on their behalf. As such ops were proceeded against exparte.
5. The complainant in evidence has tendered his affidavit Ex.C1 and receipts/ certificates mark C1 to mark C7.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. According to the complainant he has deposited amount of Rs.60,000/- in 60 monthly installments of Rs.1000/- each from 04.02.2012 with the ops and on maturity on 4.2.2017 he was entitled to receive maturity amount of Rs.77,000/- from ops. He has further alleged that he has also deposited another amount of Rs.30,000/- with the ops in 60 monthly installments of Rs.500/- each from 30.03.2013 and on maturity on 30.03.2018 he was entitled to receive maturity amount of Rs.38,500/- from ops. In this regard complainant has placed on file receipts/ certificates mark C1 to C4. Further from receipt/ certificate mark C5, it is evident that on 01.12.2015 complainant deposited amount of Rs.13,000/- with the ops and on maturity on 01.06.2017 he was entitled to receive maturity amount of Rs.15,340/- from ops. From the receipt/ certificate mark C6, it is evident that on 07.07.2012 complainant deposited amount of Rs.1000/- with the ops and according to complainant on maturity on 7.7.2018 he was entitled to receive maturity amount of Rs.2350/- from ops. According to the complainant after maturity, the ops have failed to refund the maturity amount to the complainant. The opposite parties despite appearance have failed to rebut the pleadings and evidence of complainant rather opted to be proceeded against exparte. There is nothing on file to disbelieve the version of complainant and that he is not entitled to the claimed maturity amount of Rs.1,33,190/- 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 amount of Rs.1,33,190/- (after bifurcation of maturity amounts of each deposit) alongwith interest @6% per annum from the date of maturity of each deposit 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: 04.08.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
