BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 452 of 2022
Date of Institution: 20.07.2022
Date of Decision: 26.05.2023.
Manju Rani wife of Shri Rajinder Khurana, aged 46 years, resident of House No. 124, D-Block, 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
Argued by: Sh. Narendra Sharma, Advocate for complainant.
Opposite parties already exparte.
ORDER BY SMT. SUKHDEEP KAUR, MEMBER
This complaint has been filed by complainant against the opposite parties seeking payment of Rs.33,331/- 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 FDR with the op no.1 i.e. local branch of op no.2 under Super BB Scheme vide receipt and certificate issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 24846801288 dated 30.12.2017 of Rs.21,700/- (10000+11700) maturity amount Rs.33,331/- maturity date was 30.12.2020.
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 did not file the written statement and on 21.12.2022 none appeared on behalf of ops. As such ops were proceeded against exparte.
5. Complainant has tendered her affidavit Ex.C1, 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 30.12.2017 complainant deposited amount of Rs.10,000/- with the ops. From receipt/ certificate Ex.C3, it is evident that complainant was given 117 joining points by the ops and according to the learned counsel for complainant on maturity, the complainant was entitled to receive amount of Rs.11700/- in lieu of 117 joining points besides maturity of the amount of Rs.10,000/- as value of one joining point on maturity as per scheme of the ops is equal to hundred rupee. In this regard, complainant has also filed on file certificate of Sh. Sucha Singh, the then Manager of ops. So, the complainant has claimed maturity amount of Rs.33,331/- of the above said deposited amount as well as in lieu of joining points. 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.33,331/- 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.33,331/- 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 President,
Dated: 26.05.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
