BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 333 of 2022
Date of Institution: 11.05.2022
Date of Decision: 30.05.2023.
Kulwinder Singh son of Shri Major Singh, aged 40 years, resident of village Mangeana, Tehsil Dabwali, Distt. 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 parties already exparte.
ORDER:-
This complaint has been filed by complainant against the opposite parties seeking payment of Rs.50,995/- 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 FDR with op no.1 i.e. local branch of op no.2 under Saharayn Universal Multipurpose Super BB Society Limited and Sahara A Select scheme vide receipt and certificate issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 64677300078 dated 15.2.2018 of Rs.33,200/- (15000+18200) maturity amount Rs.50,995/- maturity date was 15.2.2021.
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. On notice, initially opposite parties appeared through counsel and sought adjournments for filing written statement but did not file the same and on two dates none appeared on behalf of ops and as such on 02.01.2023 ops were proceeded against exparte.
5. Complainant has tendered his affidavit Ex.C1 and receipts/ certificates Ex.C2, Ex.C3 and certificate of Sh. Sucha Singh the then Manager of ops as Ex.C4.
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 15.02.2018 complainant deposited amount of Rs.15,000/- with the ops. From the receipt/ certificate Ex.C3, it is evident that complainant was given 182 joining points and in lieu of joining points, on maturity he was entitled to receive amount of Rs.18,200/- from ops. In this regard complainant has also placed on file certificate of Sh. Sucha Singh, the then Manager of ops as Ex.C4. According to the complainant on maturity he was entitled to receive maturity amount of Rs.50,995/- in lieu of above said deposited amount of Rs.15,000/- and joining points but after maturity ops have failed to refund the maturity amount to him despite his several requests. The opposite parties despite appearance have failed to rebut the pleadings and evidence of complainant and ultimately opted to be proceeded against exparte. There is nothing on file to disbelieve the version of complainant and that he is not entitled to the claimed maturity amount of Rs.50,995/- 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.50,995/- alongwith interest @6% per annum from the date of 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: 30.05.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
