BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 597 of 2022
Date of Institution: 22.09.2022
Date of Decision: 22.09.2023.
Manish Gupta son of Shri Shiv Gupta, aged 40 years, resident of 145, Street City High School, Adarsh Nagar, Ward No.12, New Dabwali, 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
Present: 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.2,17,824/- 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 FDRs with op no.1 i.e. local branch of op no.2 under Saharayn Universal Multipurpose Super BB Society Limited scheme vide receipts and certificates issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 64677900044 dated 30.03.2019 of Rs.22,900/- (11000+11900 (119 points, value of one point is equal to Rs.100/- according to company) maturity amount Rs.35,174/- maturity date was 30.03.2022.
(ii) to (v) Account/ Control/ ID/ Receipt Nos. 64677800047 to 64677800050 dated 18.03.2019 of Rs.25,000/- each maturity amount Rs.35,125/- each maturity date was 18.03.2022.
(vi) Account/ Control/ ID/ Receipt No. 64677800051 dated 18.03.2019 of Rs.30,000/- maturity amount Rs.42,150/- maturity date was 18.03.2022.
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. 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 his affidavit Ex.C1 and receipts/ certificates as mark C1 to mark C7.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. From the receipt/ certificate mark C1, it is evident that on 30.03.2019 complainant deposited amount of Rs.11,000/- with the ops and he was given 119 joints points by the ops and according to complainant as per scheme of the ops, on maturity the value of one point is equal to rupees hundred and as such complainant has claimed maturity amount of Rs.35,174/- of the deposited amount of Rs.11,000/- and 119 joining points. Further from receipts/ certificates mark C2 to mark C5, it is evident that on 18.03.2019 complainant deposited another amounts of Rs.25,000/- each (four times) with the ops and on maturity on 18.03.2022 he was entitled to receive maturity amounts of Rs.35,125/- each (i.e. four times) from ops. Further from receipt/ certificate mark C6, it is evident that on 18.03.2019 complainant also deposited another amount of Rs.30,000/- with the ops on maturity on 18.03.2022 he was entitled to receive maturity amount of Rs.42,150/- from ops. According to the complainant after maturity ops have failed to refund the maturity amount to the complainant despite his 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 to disbelieve the version of complainant and that he is not entitled to the claimed maturity amount of Rs.2,17,824/- 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 maturity amount of Rs.2,17,824/- (after bifurcation of maturity amount 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 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: 22.09.2023. District Consumer Disputes
Redressal Commission, Sirsa.
