BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.

                                                          Complaint Case no. 530 of 2022      

                                                          Date of Institution: 26.08.2022

                                                          Date of Decision:   13.04.2023. 

Jyoti Jasuja aged about 44 years wife of Shri Gaurav Mehta, resident of House No. 252, Old Civil Hospital Road, Behind LIC Office, Sirsa, Tehsil and 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, 2^nd Floor, Sirsa, Distt. Sirsa, through its Branch Manager.

2. Sahara India Cooperative Society Limited., Registered 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. H.S. Bishnoi, Advocate for complainant.

Opposite parties already exparte.

ORDER

          This complaint has been filed by complainant against the opposite parties seeking maturity amounts alongwith interest besides compensation for harassment and litigation expenses from ops.

2.       In brief, the case of complainant is that complainant got deposited her saving amount with the ops in the shape of FDRs, the detail of which is as under:-

          Sr. No.        FDR Receipt  No.           Date                      Amount

1.      3401918701                            11.11.2017           Rs.15,000/-       
2. Joining Point enrolled with 138 under Membership No.                           
3. 924843000321.
4.      24848000143                25.02.2019           Rs.35,000/-                   
5. Maturity date 25.02.2021 maturity amount Rs.42,546/-.
6.      24845101052                30.10.2014                    Rs.12,500/-

3.       It is further averred that complainant deposited above said amounts 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 vide receipts and certificates issued by the ops. However, 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.       Notice of the complaint was issued to the ops. Op no.1 did not appear despite service of notice. Op no.2 also did not appear despite issuance of notice through registered cover and as such both the ops were proceeded against exparte.

5.       Complainant in evidence has tendered her affidavit Ex. C1, receipts/ certificates Ex.C1 to Ex.C7 and copy of adhar card Ex.C8.

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

7.       From the receipt/ certificate Ex.C2, it is evident that on 11.11.2017 complainant deposited amount of Rs.15,000/- with the ops. From the receipt/ certificate Ex.C3, it is evident that complainant was given 138 joining points by the ops. Further from receipt/ certificate Ex.C4, it is evident that on 25.02.2019 complainant deposited another amount of Rs.35,000/- with the ops and on maturity on 25.02.2021 she was entitled to receive maturity amount of Rs.42,546/- from ops. Further from receipts/ certificates Ex.C5 to Ex.C7, it is evident that complainant deposited amount of Rs.12,500/- with the ops in installments from 30.10.2014 to 18.01.2015. During the course of arguments, learned counsel for complainant has contended that in lieu of above said 138 joining points given vide certificate Ex.C3, on maturity the complainant was also entitled to an amount of Rs.13,800/- from ops as one point is equal to Rs.100/- and has placed on file calculation sheet in this regard at the time of arguments and has claimed maturity amounts of Rs.15,000, Rs.13,800/-, Rs. 42546/- and Rs.12,500/-. The ops have failed to appear before this Commission despite notice and have 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 amounts from ops. Non payment of amounts 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 above said maturity amounts of Rs. 15,000, Rs.13,800/- Rs.42,546/- and Rs.12,500/- alongwith interest @6% per annum from the date of each maturity 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: 13.04.2023.                                               District Consumer Disputes

                                                                   Redressal Commission, Sirsa.

JK