BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.

                                                          Complaint Case no. 115 of  2022     

                                                          Date of Institution: 04.02.2022

                                                          Date of Decision:   31.08.2022. 

Jasveer Singh son of Shri Baldev Singh, aged 40 years, resident of Badal Colony, Zirakpur.

                                                                             ………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, 2^nd 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

SH. SUNIL MOHAN TRIKHA……….MEMBER             

Present:         Sh. Narendra Sharma, Advocate for complainant.

Opposite parties exparte.

ORDER

          The complainant has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the opposite parties (referred as OPs) on the averments that he got deposited his saving amount with ops in the shape of FDR of different amount with op no.1 i.e. local branch of op no.2 under Saharayn Universal Multipurpose Super BB Society Limited and Sahara A-Select Schemes and ops issued receipt and certificate, the detail of which is as under:-

1. Account No. 64677400097 dated 23.8.2018 of Rs.61,900/- (26000+35900) maturity amount Rs.77,646/- (32614+45032) maturity date was 23.8.2020.
2.  

3.                On notice, initially opposite parties appeared and sought adjournments for filing written version but despite availing several opportunities ops did not file any written version and as such defence of ops was struck of.

4.                Complainant has tendered his affidavit Ex.C1 and copy of certificate Ex.C2.

5.                On 29.08.2022 when the case was fixed for argument, none appeared on behalf of ops and as such ops were proceeded against exparte.

6.                We have heard learned counsel for complainant and have perused the case file carefully.

7.                The complainant in order to prove his complaint has furnished his affidavit Ex.C1 in which he has reiterated all the contents of his complaint. He has also placed on file copy of certificate as Ex.C2. From the copy of certificate Ex.C2, it is evident that complainant deposited amount of Rs.26,000/- with the ops on 23.08.2018 and on maturity on 23.08.2020, complainant was to receive an amount of Rs.32,614/- from ops. According to the complainant, besides above said amount of Rs.32,614/-, complainant is also entitled to the amount of 359 points as mentioned in certificate Ex.C2. Further, complainant has placed on file a certificate of Sh. Sucha Singh the then Manager of ops in which he has certified that second bond which is of points is regarding fixed deposit of payable interest and Sahara India has considered the value of one point as Rs.100/-  and future interest will be paid on the amounts of both the bonds. The pleadings as well as evidence led by complainant goes as unchallenged and unrebutted.  There is nothing on file to disbelieve the version of complainant that he is not entitled to the maturity amount of Rs.77,646/- from ops. Despite maturity, the ops have failed to make payment of the maturity amount to the complainant. From the perusal of evidence led by complainant, it is established on record that he is consumer of ops and they were under liability to pay maturity amount to the complainant. Therefore, ops are bound to discharge their liability by making payment of maturity amount to the complainant which they have failed to discharge on maturity. Even ops have failed to contest the present complaint by filing written version despite appearance and ultimately, ops also opted to be proceeded against exparte.  Non payment of amount of complainant clearly amounts to deficiency in service as well as unfair trade practice on the part of ops and as such complainant is also entitled to compensation and litigation expenses from the ops besides maturity amount.

8.                In view of our above discussion, we allow this complaint and direct the opposite parties to pay the amount of Rs.77,646/- alongwith interest @6% per annum from the date of filing of this complaint i.e.04.02.2022 till actual realization to the complainant. We also direct the ops to pay a sum of Rs.5,000/- as composite compensation for harassment including 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: 31.08.2022.                                               District Consumer Disputes

                                                                                  Redressal Commission, Sirsa.

JK