BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 116 of 2022
Date of Institution: 04.02.2022
Date of Decision: 31.08.2022.
Mohammad Asif son of Shri Mohammad Ibrahim, aged 47 years, resident of Uttam Nagar, Dabwali, 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
SH. SUNIL MOHAN TRIKHA……….MEMBER
Present: Sh. Narendra Sharma, Advocate for complainant.
Opposite parties exparte.
ORDER
The complainant has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the opposite parties (referred as OPs) on the averments that he got deposited his saving amount in installments of Rs.50/- with op no.1 i.e. local branch of op no.2 under Saharayn Universal Multipurpose Super BB Society Limited and Sahara A-Select Schemes and ops issued receipt and certificate, the detail of which is as under:-
- Account No. 64676200105 dated 3.9.2016 of Rs.75,000/- maturity amount Rs.75,203/- maturity date was 3.9.2017.
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3. On notice, initially opposite parties appeared and sought adjournments for filing written version but despite availing several opportunities ops did not file any written version and as such defence of ops was struck of.
4. Complainant has tendered his affidavit Ex.C1 and copy of scheme features Ex.C2.
5. On 29.08.2022 when the case was fixed for argument, none appeared on behalf of ops and as such ops were proceeded against exparte.
6. We have heard learned counsel for complainant and have perused the case file carefully.
7. The complainant in order to prove his complaint has furnished his affidavit Ex.C1 in which he has reiterated all the contents of his complaint. He has also placed on file copy of scheme features as Ex.C2. During the course of arguments, learned counsel for complainant has also placed on file copy of member ledger statement, the perusal of which reveals that from 3.9.2016 to 15.8.2017 complainant deposited different amounts with the ops and in total complainant deposited an amount of Rs.70,000/- with the ops. The complainant has claimed maturity amount of Rs.75,203/- from ops. The ops though initially appeared through counsel but did not file any written version despite availing opportunities and ultimately opted to be proceeded against exparte. The ops have failed to make payment of the amount of the complainant. Non payment of amount of complainant clearly amounts to deficiency in service as well as unfair trade practice on the part of ops and as such complainant is also entitled to compensation and litigation expenses from the ops besides maturity amount.
8. In view of our above discussion, we allow this complaint and direct the opposite parties to pay the amount of Rs.75,203/- alongwith interest @6% per annum from the date of filing of this complaint i.e.04.02.2022 till actual realization to the complainant. We also direct the ops to pay a sum of Rs.5,000/- as composite compensation for harassment including 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: 31.08.2022. District Consumer Disputes
Redressal Commission, Sirsa.
JK
