BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 154 of 2023
Date of Institution: 29.03.2023
Date of Decision: 20.09.2023.
Kavita Sharma wife of Shri Krishan Kumar, aged 56 years, resident of village Sukherakhera, Tehsil Dabwali, 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, 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:-
This complaint has been filed by complainant against the opposite parties seeking payment of Rs.1,61,563/- as maturity amount including refund of pre-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 05 FDRs and one monthly installment with op no.1 i.e. local branch of op no.2 under Saharayn Universal Multipurpose Sahara Y Select, Home Point, Global 84, Super B.B. scheme vide receipts and certificates issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 64676700206 dated 14.09.2017 of Rs.16,000/- maturity amount Rs.17,440/- maturity date was 14.9.2018.
(ii) Account/ Control/ ID/ Receipt No. 64676400002 dated 09.01.2016 of Rs.17,000/- (monthly installments) maturity amount Rs.21,608/- maturity date was 9.1.2021.
(iii) Account/ Control/ ID/ Receipt No. 64676700205 dated 14.09.2017 of Rs.17,000/- maturity amount Rs.18,530/- maturity date was 14.9.2018.
(iv) Account/ Control/ ID/ Receipt No. 64676700204 dated 14.09.2017 of Rs.16,000/- maturity amount Rs.17,440/- maturity date was 14.9.2018.
(v) Account/ Control/ ID/ Receipt No. 34019183467 dated 31.10.2017 of Rs.8600/- maturity date is 31.10.2024.
(vi) Account/ Control/ ID/ Receipt No. 34016406232 dated 18.02.2016 of Rs.50,746/- (24246+26500 (265 points, value of one point is equal to Rs.100/- according to company) maturity amount Rs.77,945/- maturity date was 18.2.2019.
3. It is further averred that total amounts of FDRs have been lying deposited with the ops and ops also assured the complainant that if she requires the amount before maturity date, then she can withdraw the same after one year as per scheme. The ops have failed to make payment of the above said amounts 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 opposite parties. Notice issued to op no.1 received back with the report that office has been closed and as such op no.1 was given up by learned counsel for complainant. Notice was sent to op no.2 through registered cover and as none appeared on behalf of op no.2 despite delivery of notice, therefore, op no.2 was proceeded against exparte.
5. Complainant has tendered her affidavit Ex.C1 and receipts/ certificates as mark C1 to mark C10.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. The complainant has claimed total amount of Rs.1,61,563/- of the six FDRs and has placed on file receipts/ certificates mark C1 to mark C10. According to the complainant ops have failed to refund the above said amount to the complainant despite her 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 she is not entitled to the amount of Rs.1,61,563/- 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 above said amount of Rs.1,61,563/- to the complainant. The op no.2 is also liable to pay interest at the rate of @6% per annum on amounts which have already been matured from the date of maturity till actual realization. Further op no.2 is liable to pay interest on the pre maturity amount as per its scheme from the date of deposit till realization. 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: 20.09.2023. District Consumer Disputes
Redressal Commission, Sirsa.
