BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 29 of 2023
Date of Institution: 16.01.2023
Date of Decision: 20.09.2023.
Narendra Sharma aged about 65 years son of Shri Ram Nath Sharma, resident of Bharat Nagar, Street No.2, 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
Argued by: 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.1,67,619/- as maturity amount of nine FDRs and also amount of Rs.1,00,000/- of ten FDRs 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 19 FDRs with op no.1 i.e. local branch of op no.2 under Saharayn Universal Multipurpose Sahara A Select, Sahara I Select, Star two schemes vide receipts and certificates issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 24846701447 dated 01.09.2017 of Rs.10,000/- maturity amount Rs.11,630/- maturity date was 01.03.2019.
(ii) Account/ Control/ ID/ Receipt No. 24846701448 dated 01.09.2017 of Rs.15,000/- maturity amount Rs.17,445/- maturity date was 01.03.2019.
(iii) Account/ Control/ ID/ Receipt No. 24846701449 dated 01.09.2017 of Rs.5,000/- maturity amount Rs.5815/- maturity date was 01.03.2019.
(iv) Account/ Control/ ID/ Receipt No. 24846701450 dated 01.09.2017 of Rs.15,000/- maturity amount Rs.17,445/- maturity date was 01.03.2019.
(v) Account/ Control/ ID/ Receipt No. 24846701451 dated 01.09.2017 of Rs.15,000/- maturity amount Rs.17,445/- maturity date was 01.03.2019.
(vi) Account/ Control/ ID/ Receipt No. 24848500098 dated 28.02.2020 of Rs.32,601/- maturity amount Rs.45,804/- maturity date was 28.2.2023.
(vii) Account/ Control/ ID/ Receipt No. 24845601082 dated 23.05.2015 of Rs.15,000/- maturity amount Rs.17,700/- maturity date was 23.05.2017.
(viii) Account/ Control/ ID/ Receipt No. 24846200259 dated 31.03.2016 of Rs.15,000/- maturity amount Rs.17,445/- maturity date was 30.09.2017.
(ix) Account/ Control/ ID/ Receipt No. 24845601499 dated 31.12.2015 of Rs.14,000/- maturity amount Rs.16,520/- maturity date was 30.06.2017.
(x to xix) Account/ Control/ ID/ Receipt Nos. 24847900259 to 24847900268 dated 14.12.2019 of Rs.10,000/- each maturity dates 14.04.2025.
3. It is further averred that total amounts of FDRs have been lying deposited with the ops and ops also assured the complainant that if he requires the amount before maturity date, then he can withdraw the same after one year as per scheme. The ops have failed to make payment of the above said amounts 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 C29.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. The complainant has claimed maturity amount of Rs.1,67,619/- of the nine FDRs and also amount of Rs.1,00,000/- of the ten FDRs of Rs.10,000/- each alongwith up to date interest as per scheme of the ops as these ten FDRs have to be matured on 14.04.2025. The complainant has placed on file receipts/ certificates mark C1 to mark C29. According to the complainant as after maturity of nine FDRs ops have failed to refund the maturity amount to the complainant despite his several requests so he has lost faith in ops and is also claiming refund of ten FDRs of Rs.10,000/- with up to date interest from the date of deposit till today as per scheme of the ops which have to be matured on 14.04.2025. 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. Though complainant has claimed maturity amount of Rs.1,67,619/- of nine FDRs but the total maturity amount of nine FDRs comes to Rs.1,67,249/-. There is nothing on file to disbelieve the version of complainant and that he is not entitled to the maturity amount of Rs.1,67,249/- as well as amount of Rs.1,00,000/- along with up to date interest from the date of deposit till actual payment as per scheme of the ops 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 above said maturity amount of Rs.1,67,249/- of nine FDRs (after bifurcation of maturity amounts of each deposit) alongwith interest @6% per annum from the date of maturity of each deposit of nine FDRs till actual realization to the complainant. We also direct the op no.2 to further pay amount of Rs.1,00,000/- of ten FDRs of Rs.10,000/- each alongwith up to date interest from the date of deposit as per scheme of the ops till actual payment. 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: 20.09.2023. District Consumer Disputes
Redressal Commission, Sirsa.
