BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 651 of 2022
Date of Institution: 04.11.2022
Date of Decision: 03.08.2023.
Nipun Ahuja son of Shri Prem Sagar Ahuja, aged 48 years, resident of House No. 238, C-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
Present: 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.3,15,439/- 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 FDRs with op no.1 i.e. local branch of op no.2 under Saharayn Universal Multipurpose Super BB Society Limited, Sahara A Select Scheme vide receipts and certificates issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 24847801224 dated 14.12.2019 of Rs.19,000/- maturity amount Rs.21,793/- maturity date was 14.6.2021.
(ii) Account/ Control/ ID/ Receipt No. 24847801225 dated 14.12.2019 of Rs.19,000/- maturity amount Rs.21,793/- maturity date was 14.6.2021.
(iii) Account/ Control/ ID/ Receipt No. 24847801226 dated 14.12.2019 of Rs.19,000/- maturity amount Rs.21,793/- maturity date was 14.6.2021.
(iv) Account/ Control/ ID/ Receipt No. 24846800839 dated 16.11.2017 of Rs.45,600/- (21900+23700 (237 points, value of one point is equal to Rs.100/- according to company) maturity amount Rs.70,195/- maturity date was 16.11.2020.
(v) Account/ Control/ ID/ Receipt No. 24846800840 dated 16.11.2017 of Rs.58,500/- (27800+30700 (307 points, value of one point is equal to Rs.100/- according to company) maturity amount Rs.89,856/- maturity date was 16.11.2020.
(vi) Account/ Control/ ID/ Receipt No. 24846800880 dated 22.11.2017 of Rs.57,800/- (27800+30800 (308 points, value of one point is equal to Rs.100/- according to company) maturity amount Rs.90,009/- maturity date was 22.11.2020.
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, op no.1 failed to appear despite service and as such op no.1 was proceeded against exparte. Op no.2 also failed to appear despite delivery of notice sent through registered cover and as such op no.2 was also proceeded against exparte.
5. The complainant in evidence has tendered his affidavit Ex.C1, receipts/ certificates mark C1 to mark C9 and certificate of Sh. Sucha Singh the then Manager of ops as mark C10.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. From the receipt/ certificate mark C1, it is evident that on 14.12.2019 complainant deposited amount of Rs.19,000/- with the ops and on maturity on 14.06.2021 he was entitled to receive amount of Rs.21,793/- from ops. From the receipt/ certificate mark C2, it is evident that on 14.12.2019 complainant also deposited amount of Rs.19000/- with the ops and on maturity on 14.06.2021, he was entitled to receive another amount of Rs.21,793/- from ops. Further from receipt/ certificate mark C3, it is also evident that complainant deposited another amount of Rs.19,000/- with the ops and on maturity on 14.06.2021 he was entitled to receive another amount of Rs.21,793/- from ops. From the receipt/ certificate mark C4, it is evident that on 16.11.2017 complainant deposited amount of Rs.21,900/- with the ops and vide receipt/ certificate Ex.C5 he was given 237 points which is equal to Rs.23700/- on maturity as per scheme of the ops. Further from receipt/ certificate mark C6, it is evident that on 16.11.2017 complainant deposited amount of Rs.27,800/- with the ops and he was also given 307 joining points as per receipt/ certificate mark C7 and same is equal to Rs.30700/- on maturity as per scheme of the ops. From the receipt/ certificate mark C8, it is evident that on 22.11.2017 complainant deposited another amount of Rs.27800/- with the ops and he was given 308 joining points as per receipt/ certificate mark C9 which is also equal to Rs.30800/- as per scheme of the ops. In this regard complainant has also placed on file certificate of Sh. Sucha Singh the then Manager of ops as mark C10 in which he has stated that as per scheme of the ops on maturity the value of one joining point is equal to rupees hundred. According to the complainant after maturity, the ops have failed to refund the maturity amount to the complainant. The ops despite issuance of notices have failed to appear and opted to be proceeded against exparte. Therefore, the pleadings and evidence of complainant remained unchallenged and unrebutted. There is nothing on file to disbelieve the version of complainant and that he is not entitled to the claimed maturity amount of Rs.3,15,439/- 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.3,15,439/- (after bifurcation of maturity amounts of each deposit) 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 President,
Dated: 03.08.2023. District Consumer Disputes
Redressal Commission, Sirsa.
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