BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 64 of 2023
Date of Institution: 07.02.2023
Date of Decision: 06.06.2023.
Harinder Kushwaha aged about 42 years son of Shri Laxmi Kushwaha, resident of House No. 315, Gali Bar Wali, Ward No.4, Khairpur 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 SH. OM PARKASH TUTEJA, MEMBER:-
This complaint has been filed by complainant against the opposite parties seeking payment of Rs.40,320/- 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 installment of Rs.800/- with op no.1 i.e. local branch of op no.2 under Saharayn Universal Multipurpose Sahara M. Benefit schemes vide receipt and certificate issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 24844201387 dated 15.09.2012 of Rs.33,600/- maturity amount Rs.40,320/- maturity date was 15.09.2017.
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. 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 his affidavit Ex.C1 and receipts/ certificates as Annexures C1 and C2.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. From the receipts/ certificates C1 to Ex.C3, it is evident that complainant has deposited total amount of Rs.33,600/- with the ops in monthly installments of Rs.800/- each. According to the complainant on maturity on 15.09.2017 he was entitled to receive maturity amount of Rs.40,320/- from ops but after maturity ops have failed to refund the maturity amount to the complainant despite his 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 amount from complainant on behalf of op no.2, so op no.2 is liable to refund the amount to the complainant. There is nothing on file to disbelieve the version of complainant and that he is not entitled to the claimed maturity amount of Rs.40,320/- 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.40,320/- 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
