BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 327 of 2022
Date of Institution: 11.05.2022
Date of Decision: 30.05.2023.
Nirmala Yadav wife of Shri Jagdish Kumar, aged 39 years, resident of House No.134, Ward No.1, Sureshiya, Karni Mata Mandir ke pas, Hanumangarh (Rajasthan).
………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.1,01,200/- 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 FDR and monthly installments of different amounts on different dates 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 vide receipts and certificates issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 64674800009 dated 04.01.2013 of Rs.60,000/- (1000x60) maturity amount Rs.77,700/- maturity date was 04.01.2018.
(ii) Account/ Control/ ID/ Receipt No. Q/864673000039 dated 4.1.2013 of Rs.10,000/- maturity amount Rs.23,500/- maturity date was 4.1.2019.
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 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 her affidavit Ex.C1 and receipts/ certificates Ex.C2 to Ex.C5.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. According to the complainant he has deposited amount of Rs.60,000/- with the ops in 60 monthly installments of Rs.1000/- each from 04.01.2013 and in this regard he has placed on file receipt/ certificate Ex.C1 and Ex.C2, which reveals that complainant was to deposit monthly installments of Rs.1000/- each from 04.01.2013 with the ops. Further from receipt/ certificates Ex.C4 and Ex.C5, it is evident that on 04.01.2023 complainant deposited amount of Rs.10000/- with the ops. The complainant has claimed maturity amount of Rs.1,01,200/- of the above said deposits and according to complainant ops have failed to refund the maturity amount to the complainant despite her 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 she is not entitled to the claimed maturity amount of Rs.1,01,200/- 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.1,01,200/- (after bifurcation of the amount of 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
