BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 326 of 2022
Date of Institution: 11.05.2022
Date of Decision: 30.05.2023.
Narinder Kumar w/o Shri Sahibditta Sharma (actually son of Sahibditta) aged 64 years, resident of 226, Gali Purshotam Patwari Wali, Ward No.17, Malout, District Mukatsar.
………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 parties already exparte.
ORDER:-
This complaint has been filed by complainant against the opposite parties seeking payment of Rs.4,23,779/- 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 six FDRs of different amount on different dates with op no.1 i.e. local branch of op no.2 under Saharayn Universal Multipurpose Super BB Society Limited, Star two and Sahara A Select schemes vide receipts and certificates issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 64676800335 dated 30.12.2017 of Rs.45,850/- (21450+24400) maturity amount Rs. 70,425/- maturity date was 30.12.2020.
(ii) Account/ Control/ ID/ Receipt No. 64677300316 dated 01.09.2018 of Rs.50,550/- (21450+29100) maturity amount Rs.77,644/- maturity date was 01.09.2021.
(iii) Account/ Control/ ID/ Receipt No. 64677300317 dated 01.09.2018 of Rs.50,550/- (21450+29100) maturity amount Rs.77,644/- maturity date was 01.09.2021.
(iv) Account/ Control/ ID/ Receipt No. 64677300318 dated 01.09.2018 of Rs.50,350/- (21450+29000) maturity amount Rs.77,337/- maturity date was 01.09.2021.
(v) Account/ Control/ ID/ Receipt No. 64677300319 dated 01.09.2018 of Rs.50,450/- (21450+29000) maturity amount Rs.77,491/- maturity date was 01.09.2021.
(vi) Account/ Control/ ID/ Receipt No. 64677300320 dated 01.09.2018 of Rs.28,150/- (11950+16200) maturity amount Rs.43,238/- maturity date was 01.09.2021.
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. On notice, initially opposite parties appeared through counsel and sought adjournments for filing written statement but did not file the same and on two dates none appeared on behalf of ops and as such on 02.01.2023 ops were proceeded against exparte.
5. Complainant has tendered his affidavit Ex.C1 and receipts/ certificates Ex.C2 to Ex.C13 and certificate of Sh. Sucha Singh the then Manager of ops as Ex.C14.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. The complainant in order to prove deposits of amounts of Rs.21,450/- each for five times and Rs.11950/- with the ops has placed on file receipts/ certificates Ex.C2, Ex.C4, Ex.C6, Ex.C8, Ex.C10 and Ex.C12. The complainant has also placed on file receipts/ certificates of joining points of 291, 244, 291, 290, 290 and 162 given by the ops as Ex.C3, Ex.C5, Ex.C7, Ex.C9, Ex.C11 and Ex.C13. The complainant has also placed on file certificate of Sh. Sucha Singh the then Manager of ops as Ex.C14 in which he has stated that as per scheme of the ops, the value of one joining point on maturity is equal to Rupees hundred. As such complainant has claimed maturity amount of Rs.4,23,779/- from ops and according to complainant despite maturity of above said amounts and joining points, the ops have failed to refund the maturity amount to the complainant despite his several requests. The opposite parties 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 he is not entitled to the claimed maturity amount of Rs.4,23,779/- 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 maturity amount of Rs.4,23,779/- (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: 30.05.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
