BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 433 of 2022
Date of Institution: 12.07.2022
Date of Decision: 04.07.2023.
Kaushalya Devi widow of Shri Sobha Ram, aged 65 years, resident of village Mehnakhera, Distt. Sirsa (self & being nominee of deceased Sobha Ram).
………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
Present: 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.69,714/- as maturity amount alongwith interest besides compensation for harassment and litigation expenses from ops.
2. In brief, the case of complainant is that complainant and her husband deposited their saving amount with the ops in the shape of two FDRs of different amount on different dates 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 ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 34016406225 dated 18.2.2016 of Rs.39,072/- (18072+21000) maturity amount Rs.60,014/- maturity date was 18.2.2019 ( in the name of complainant).
(ii) Account No. 34019183434 dated 30.10.2017 of Rs.9700/- (5000+4700) in the name of Sobha Ram husband of complainant.
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 adjournments for filing written statement but on 14.12.2022 when the case was fixed for filing written statement alongwith 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 Annexures 1 to 3 and death certificate of her husband as Annexure 4 and certificate of Sh. Sucha Singh the then Manager of ops as Annexure 5 .
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.69,714/- of the amount of Rs.18,072/- deposited by her and of the amount of Rs.5000/- deposited by her husband with the ops and also of 47 joining points being nominee of her husband Sh. Shobha Ram. In this regard complainant has also placed on file receipts/ certificates Annexures 1 to 3 and death certificate of her husband as Annexure 4. According to the complainant, after maturity ops have failed to refund the maturity amount 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.69,714/- 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.69,714/- (as per their scheme after bifurcation of the maturity amounts of each deposit) 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 President,
Dated: 04.07.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
