BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.

                                                          Complaint Case no. 117 of  2022     

                                                          Date of Institution: 04.02.2022

                                                          Date of Decision:   31.08.2022. 

Om Parkash Tuteja S/o Shri Ram Lal, aged 63 years, resident of House No. 474, Sector-20, HUDA Colony, Sirsa, Tehsil and Distt. 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, 2^nd 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

SH. SUNIL MOHAN TRIKHA……….MEMBER             

Present:         Sh. Narendra Sharma, Advocate for complainant.

Opposite parties exparte.

ORDER

          The complainant has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the opposite parties (referred as OPs) on the averments that he got deposited his saving amount with ops in the shape of FDR of Rs.1,90,000/- 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 and ops issued receipt and certificate, the detail of which is as under:-

1. Account No. 24848000202 dated 30.3.2019 of Rs.1,90,000/- maturity amount Rs.2,30,964/- maturity date was 30.3.2021.
2.  

3.       On notice, initially opposite parties appeared and sought adjournments for filing written version but despite availing several opportunities ops did not file any written version and as such defence of ops was struck of.

4.       Complainant has tendered his affidavit Ex.C1 and certificate Ex.C2.

5.       On 29.08.2022 when the case was fixed for argument, none appeared on behalf of ops and as such ops were proceeded against exparte.

6.       We have heard learned counsel for complainant and have perused the case file carefully.

7.       The complainant in order to prove his complaint has furnished his affidavit Ex.C1 in which he has reiterated all the contents of his complaint. He has also placed on file certificate as Ex.C2. From the certificate Ex.C2, it is evident that complainant deposited amount of Rs.1,90,000/- with the ops on 30.03.2019 and on maturity on 30.03.2021, complainant was entitled to receive an amount of Rs.2,30,964/- from ops. Though ops initially appeared through counsel but failed to file any written version despite availing opportunities in this regard and ultimately opted to be proceeded against exparte. Therefore, pleadings as well as evidence led by complainant against the ops goes as unrebutted and unchallenged. Despite maturity, the ops have failed to make payment of the maturity amount to the complainant. From the perusal of evidence led by complainant, it is established on record that he is consumer of ops and they were under liability to pay maturity amount to the complainant. Therefore, ops are bound to discharge their liability by making payment of maturity amount to the complainant which they have failed to discharge on maturity. Non payment of amount of complainant clearly amounts to deficiency in service as well as unfair trade practice on the part of ops and as such complainant is also entitled to compensation and litigation expenses from the ops besides maturity amount.

8.       In view of our above discussion, we allow this complaint and direct the opposite parties to pay the amount of Rs.2,30,964/- alongwith interest @6% per annum from the date of filing of this complaint i.e.04.02.2022 till actual realization to the complainant. We also direct the ops to pay a sum of Rs.5,000/- as compensation for harassment including 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: 31.08.2022.                                               District Consumer Disputes

                                                                   Redressal Commission, Sirsa.

JK