BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 69 of 2023
Date of Institution: 07.02.2023
Date of Decision: 06.06.2023.
Pawan Kumari widow of Shri Suresh Kumar, aged 52 years, resident of village Sukherakhera Abubshahar, Tehsil Dabwali, District Sirsa (Nominee of deceased Suresh Kumar). ………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
Present: Sh. Narendra Sharma, Advocate for complainant.
Opposite party no.1 given up.
Opposite party no.2 already exparte.
ORDER
This complaint has been filed by complainant against the opposite parties seeking payment of Rs.34,833/- as maturity amount alongwith interest besides compensation for harassment and litigation expenses from ops.
2. In brief, the case of complainant is that complainant is wife and nominee of deceased Suresh Kumar who deposited his saving amount with the ops in the shape of FDR and monthly installment with op no.1 i.e. local branch of op no.2 under Saharayn Universal Multipurpose Super BB Society Limited and monthly installment Schemes vide receipts and certificates issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 34015102357 dated 07.07.2016 of Rs.7500/- maturity amount Rs.11,520/- maturity date was 9.7.2019.
(ii) Account/ Control/ ID/ Receipt No. 64674200854 dated 15.11.2011 of Rs.18,000/- (330X60) maturity amount Rs.23,313/- maturity date was 15.11.2020.
3. It is further averred that Suresh Kumar died on 30.04.2021 and complainant being his nominee is legally entitled to recover the maturity amount of FDR with interest from ops. However, 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. Notice of the complaint was issued to the opposite parties. Notice issued to op no.1 received back with the report that office was locked and as such op no.1 was given up by learned counsel for complainant. Notice issued to op no.2 sent through registered cover was delivered as per delivery report but none appeared on behalf of op no.2. As such op no.2 was proceeded against exparte.
5. Complainant has tendered her affidavit Ex.C1, death certificate of her husband Suresh Kumar Annexure C1 and receipts/ certificates as Annexures C2 to C4.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. From the receipt/ certificate C2, it is evident that on 09.07.2016 Suresh Kumar husband of complainant deposited amount of Rs.7500/- with the ops. Further from receipt/ certificate C3 and C4, it is evident that said Suresh Kumar had to deposit monthly installments of Rs.300/- each with the ops from 15.11.2011 for 60 months and complainant is nominee of Suresh Kumar, since deceased. According to the complainant after maturity ops have failed to refund the maturity amounts to the complainant despite her several requests. The opposite party no.2 despite notice has failed to appear and failed to rebut the pleadings and evidence of complainant rather opted to be proceeded against exparte. It is proved on record that op no.1 received the amounts from the husband of complainant on behalf of op no.2, so op no.2 is liable to refund the amount to the complainant being wife and nominee of deceased Suresh Kumar. There is nothing on file to disbelieve the version of complainant and that she is not entitled to the claimed maturity amount of Rs.34,833/- from op no.2. Non payment of amount to the complainant clearly amounts to deficiency in service as well as unfair trade practice on the part of op no.2.
8. In view of our above discussion, we allow this complaint and direct the opposite party no.2 to pay the maturity amount of Rs.34,833/- (after bifurcation 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 op no.2 to further pay a sum of Rs.5000/- as composite compensation for harassment and litigation expenses to the complainant. The op no.2 is 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 op no.2. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced: Member Member President,
Dated: 06.06.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
