BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 485 of 2022
Date of Institution: 02.08.2022
Date of Decision: 28.03.2023.
Manju Devi wife of Shri Raju Dass, aged 47 years, resident of Bharat Nagar, near Baba Balak Nath Mandir, Kanganpur Road, 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 parties already exparte.
ORDER
This complaint has been filed by complainant against the opposite parties seeking payment of Rs.2,34,363/- 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 her saving amount with the ops in the shape of five FDRs with op no.1 i.e. local branch of op no.2 under Sahara E-Shine Scheme, Star two, Sahara Q shop vide receipts and certificates issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 24845100784 dated 31.07.2014 of Rs.30,000/- maturity amount Rs.67,153/- maturity date was 31.07.2020.
(ii) Account/ Control/ ID/ Receipt No. 24844201747 dated 29.12.2012 of Rs.44,100/- maturity amount Rs.1,22,148/- maturity date was 29.12.2020.
(iii) Account/ Control/ ID/ Receipt No. 34016012684 dated 30.01.2016 of Rs.10,000/- maturity amount Rs.20,000/- maturity date was 30.06.2021.
(iv) Account/ Control/ ID/ Receipt No. 34016012685 dated 30.1.2016 of Rs.10,000/- maturity amount Rs.20,000/- maturity date was 30.6.2021.
(v) Account/ Control/ ID/ Receipt No. 824842004271 dated 5.10.2012 of Rs.2250/- maturity amount Rs.5062/- maturity date was 5.10.2018.
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 adjournment for filing written statement but on 17.11.2022 when the case was fixed for filing written statement and power of attorney on behalf of opposite parties, none appeared on their behalf and as such ops were proceeded against exparte.
5. Complainant has tendered her affidavit Ex.C1 and receipts/ certificates Ex.C2 to Ex.C6.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. From the receipts/ certificates Ex.C2 to Ex.C5, it is evident that on different dates i.e. on 31.07.2014, 29.12.2012, 30.01.2016 and on 5.10.2012 complainant deposited amounts of Rs.30,000/-, Rs.44100/-, Rs.10,000/-, Rs.10,000/- and Rs.2250/- respectively with the ops. According to the complainant, on maturity of these amounts she was entitled to receive an amount of Rs.2,34,363/- from ops but after maturity, the ops have failed to refund the maturity amounts to the complainant. The ops 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 she is not entitled to the claimed maturity amount of Rs.2,34,363/- 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 amount of Rs.2,34,363/- (after bifurcation of the maturity amounts) 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 Member President,
Dated: 28.03.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
