Delhi

West Delhi

CC/19/625

DHIRENDER - Complainant(s)

Versus

SAHARA INDIA PARIWAR - Opp.Party(s)

17 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL commission-III(WEST)

C 150-151, COMMUNITY CENTRE, PANKHA ROAD,JANAKPURI,

NEW DELHI-110058

 

CC No. 625/2019

 

 

IN RE:

 

DHIRENDER

S/O SHRI JAGAT SINGH R/O HOUSE NO.100 k-1 Ext.

MOHAN GARDEN UTTAM NAGAR,

NEW DELHI 110059                                                                   …..COMPLAINANT

 

VERSUS

 

1. THE BRANCH MANAGER

SAHARA INDIA PARIWAR (UTTAMNAGAR)

FC-1838 6142, A 7-B/1, MILAP NAGAR,

NEW DELHI 110059.

 

2.SAHARA INDIA

A-15, 2 FLOOR, MILAP NAGAR, UTTAM NAGAR,

NEW DELHI 110059

 

Both Branches of Sahara Credit Coop. Society Ltd,

Registered Office – Sahara India Bhawan,

1, Kapoorthala Complex, Aliganj, Lucknow-226024            .....OPPOSITE PARTY

 

 

Coram:                                                                            

MS.SONICA MEHROTRA, PRESIDENT

MS.RICHA JINDAL, MEMBER

MR.ANIL KUMAR KOUSHAL, MEMBER

 

Present: Mr. R.K.Arora, counsel for the complainant.

               OP Ex parte.

Date of Institution:19.12.2019

Judgment reserved on: 01.03.2023

Date of Decision:17.03.2023

 

6698606.  

 

Per:  ANIL KUMAR KOUSHAL, MEMBER

 

          Factual matrix of the present case is as under:

 

1.       According to the complainant, the OP operates its business in  finance, infrastructure, housing etc.  from its HQ and branches in India.

2.       The Complainant had deposited Rs. 1,25,000/- in FIXED DEPOSIT on 01.12.2017    with the OP and an FDR was issued  with the following details printed on it:- HOLOGRAM NO.992467592117; RECEIPT NO. 80713345932 CERTIFICATE NO. 925005026997; MEMBERSHIP NO.61421400353; ACCOUNT NO.-61426701611, Authorised Centre Uttam Nagar and  SECTOR-Rajouri Garden, New Delhi, PERIOD OF FD: 18 MONTHS, DATE OF MATURITY: 01-06-2019 and MATURITY AMOUNT:Rs.1,45,375/-.  

3.       Complainant submits that the above stated FDR matured on 1.6.2019 but the amount has not been refunded to him  by the OP till date despite visiting OP's office every 1st week of each month  as advised by its staff i.e. from June 2019 onwards. The complainant is being harassed and is apprehensive whether he would get his hard earned money back or not and is under mental stress and tension thereon.  The Complainant brought his grievance before the Branch Manager of OP  Shri J Manjar but he refused to listen and to consider his grievance. Since till date nothing concrete has happened, it is a clear case of deficiency in service on the part of  O.P and unfair trade practice by  not releasing the hard earned money of the complainant and unjustly enriching itself. The Complainant sent complaint/notice to  OP.1 on 14.11.19 by Speed Post but it was not received by the OP and returned back. Complainant submits that after waiting for 15 days, he  sent the said letter again on 26.11.19 by Speed Post to OP  which was received by them  on 28.11.2019 but no response has been received from that end.   Therefore, the grievance of the Complainant to get back the matured amount of his FD of Rs.145375/-, remains unresolved till date, hence this Complaint.  The complainant makes the following prayers:

          i)To Direct the Opposite Party to refund forthwith Rs.1,45,375/-, the matured amount of FD on the basis of invested principal amount of Rs.125000/- on 1.12.17 alongwith interest @ 18% p.a. from 1.6.19 onwards till its realization,

          ii) To grant compensation of Rs. 1,00,000/- to the Complaint on account of having been harassed, suffered financial losses, pecuniary damages, mental agony, stress and tension;  and

iii) Pass such other order(s) as this Commission may  deem fit and proper in the facts and circumstances of this  case in the interest of justice.

4.       Complainant attached copies of Receipt No.080713345932 dated 01.12.2017 in the sum of Rs.1,25,000/- ,  FDR No. 925 005026997 dated 01.12.2017 with maturity amount of Rs.1,45,375/-, letter dated 14.11.2019 sent by complainant to OP No.1 along with postal delivery receipt with the remarks “ No such person”, postal delivery receipt dated 26.11.2019, with the complaint.

5.       Upon admission of the complaint on 09.01.2020, notice was issued to the OPs. Despite service there is neither appearance on behalf of the OPs nor any reply has been filed on record on their behalf.   Accordingly vide order dated 25.03.2022, OPs were proceded against ex parte.

6.       Complainant filed ex parte evidence by way of affidavit and exhibited the documents filed on record.  Written arguments were also filed by the complainant.  Oral arguments were heard on 01.03.2023.  Mr.R.K.Arora, counsel for the complainant addressed oral arguments and accordingly orders were reserved.

7.       Having gone through the facts of the case  we find that the FDR  in the sum of Rs.1,25,000/- in question had matured for payment way back on 01.06.2019 and despite repeated requests by the complainant to the OP company to release the maturity amount of Rs.1,45,375/-, the OP company remained  silent  and did nothing to release the legitimate amount of the complainant.   This amount to deficiency in service and unfair trade practice followed by the OP company.   Accordingly, in the absence of  rebuttal to the averments of the complainant in this complaint, the same  have to be accepted  to be true. The OP Company is held guilty of deficiency in service and unfair trade practice and directed to release the payment of the maturity amount of the FDR amounting to Rs.1,45,375/- along with interest @ 6% p.a. from the date of filing of the complaint  till realization.  For the harassment and mental  agony and wastage of time of the complainant in having to resort to the present proceedings, the  OP company is also directed to pay to the complainant  Rs.20,000/- as compensation  and Rs.15,000/- towards litigation expenses.  Let this order be complied with by the OP company within 30 days from receipt of copy of this order.

A copy of this order shall be supplied to parties to the dispute free of cost  under Regulation 21 of CPR, 2020 on a written requisition/application being made by them in the name of  President of this Commission.

 

(Richa Jindal)         Member

(Anil Kumar Koushal)               Member

(Sonica Mehrotra)                         President