BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 384 of 2022
Date of Institution: 10.06.2022
Date of Decision: 25.04.2023.
Neelam Pareek wife of Shri N.R. Bohra, aged 58 years, C/o Shri Narendra Sharma, Advocate, 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 parties exparte.
ORDER
This complaint has been filed by complainant against the opposite parties seeking payment of Rs.1,86,025/- 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 12 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. 34019180453 dated 20.05.2016 of Rs.10,000/- maturity amount Rs.20,000/- maturity date was 20.09.2021.
(ii) Account/ Control/ ID/ Receipt No. 34019180454 dated 20.05.2016 of Rs.10,000/- maturity amount Rs.20,000/- maturity date was 20.9.2021.
(iii) Account/ Control/ ID/ Receipt No. 34019180455 dated 20.05.2016 of Rs.10,000/- maturity amount Rs.20,000/- maturity date was 20.09.2021.
(iv) Account/ Control/ ID/ Receipt No. 34019180456 dated 20.5.2016 of Rs.10,000/- maturity amount Rs.20,000/- maturity date was 20.9.2021.
(v) Account/ Control/ ID/ Receipt No. 34019180457 dated 20.5.2016 of Rs.10,000/- maturity amount Rs.20,000/- maturity date was 20.9.2021.
(vi) Account/ Control/ ID/ Receipt No. 24847800652 dated 14.8.2019 of Rs.15,000/- maturity amount Rs.17,205/- maturity date was 14.2.2021.
(vii) Account/ Control/ ID/ Receipt No. 24847800653 dated 14.8.2019 of Rs.10,000/- maturity amount Rs.11,470/- maturity date was 14.2.2021.
(viii) Account/ Control/ ID/ Receipt No. 24847800654 dated 14.8.2019 of Rs.10,000/- maturity amount Rs.11,470/- maturity date was 14.2.2021.
(ix) Account/ Control/ ID/ Receipt No. 24847800655 dated 14.8.2019 of Rs.10,000/- maturity amount Rs.11,470/- maturity date was 14.2.2021.
(x) Account/ Control/ ID/ Receipt No. 24847800656 dated 14.8.2019 of Rs.10,000/- maturity amount Rs.11,470/- maturity date was 14.2.2021.
(xi) Account/ Control/ ID/ Receipt No. 24847800657 dated 14.8.2019 of Rs.10,000/- maturity amount Rs.11,470/- maturity date was 14.2.2021.
(xii) Account/ Control/ ID/ Receipt No. 24847800658 dated 14.8.2019 of Rs.10,000/- maturity amount Rs.11,470/- maturity date was 14.2.2021.
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 on 21.11.2022 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.C13.
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.C13, it is evident that complainant deposited above said amounts with the ops on above said dates. According to the complainant on maturity she was entitled to receive total maturity amount of Rs.1,86,025/- of the said deposits from ops but after maturity, the ops have failed to refund the maturity amount 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.1,86,025/- 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.1,86,025/- (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: 25.04.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
