BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 516 of 2022
Date of Institution: 22.08.2022
Date of Decision: 05.06.2023.
Harbans Kaur wife of Shri Harnek Singh, aged 71 years, resident of Gali No.31, Adarsh Nagar, Bathinda.
………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 parties already exparte.
ORDER:-
This complaint has been filed by complainant against the opposite parties seeking payment of Rs.2,01,800/- 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 FDRs with op no.1 i.e. local branch of op no.2 under Saharayn Universal Multipurpose Super BB Society Limited and Sahara E-Shine, Sahara M. Benefit schemes vide receipts and certificates issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 19613701666 dated 2.12.2011 of Rs.16,000/- maturity amount Rs.41,792/- maturity date was 2.12.2019.
(ii) Account/ Control/ ID/ Receipt No. 19617900589 dated 13.9.2015 of Rs.43,750/- (16250+27500) maturity amount Rs.67,200/- maturity date was 13.9.2018.
(iii) Account/ Control/ ID/ Receipt No. 19613701665 dated 2.12.2011 of Rs.17,000/- maturity amount Rs.44,404/- maturity date was 2.12.2019.
(iv) Account/ Control/ ID/ Receipt No. 19613701664 dated 2.12.2011 of Rs.17,000/- maturity amount Rs.44,404/- maturity date was 2.12.2019.
(v) Account/ Control/ ID/ Receipt No. 19613701696 dated 13.2.2011 of Rs.4,000/- (500+8) maturity amount Rs.4,000/- maturity date was 13.2.2016.
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, initially opposite parties appeared through counsel and sought adjournment for filing written statement but on 01.12.2022 when the case was fixed for filing written statement and power of attorney on behalf of ops, none appeared on their behalf. As such ops were proceeded against exparte.
5. Complainant has tendered her affidavit Ex.C1 and receipts/ certificates Ex.C2 to Ex.C8 and certificate of Sh. Sucha Singh the then Manager of ops as Ex.C9.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. The complainant has claimed maturity amount of Rs.2,01,800/- in lieu of the above said deposits and joining times given by the ops to the complainant in lieu of deposited amounts. In this regard, complainant has also placed on file receipts/ certificates Ex.C2 to Ex.C8 and certificate of Sh. Sucha Singh the then Manager of ops as Ex.C9 in which he has stated that as per scheme of the ops, the value of one joining point is equal to Rs. hundred and future interest is to be paid on the basis of two bonds i.e. of fixed deposits and joining points. According to the complainant, after maturity ops have failed to refund the maturity amounts to the complainant despite her several requests. 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 she is not entitled to the claimed maturity amount of Rs.2,01,800/- 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 maturity amount of Rs.2,01,800/- (after bifurcation of maturity amounts) 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 Member President,
Dated: 05.06.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
