BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 529 of 2022
Date of Institution: 26.08.2022
Date of Decision: 13.04.2023.
Raj Rani, aged about 54 years wife of Shri Subhash Chand, resident of village Bhangu, Tehsil and District Sirsa, PIN -125077.
………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 Limited., Registered 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. H.S. Bishnoi, Advocate for complainant.
Opposite parties already exparte.
ORDER
This complaint has been filed by complainant against the opposite parties seeking maturity amount of Rs.74,152/- alongwith interest besides compensation for harassment and litigation expenses from ops.
2. In brief, the case of complainant is that complainant got deposited her saving amount with the ops in the shape of FDR vide FRD/ Receipt No. 24848000135 dated 25.2.2019 of Rs.61,000/-. That on 25.2.2021 on maturity, complainant was entitled to receive maturity amount of Rs.74,152/- from ops. The said amount was deposited with op no.1 i.e. local branch of op no.2 under
Saharayn Universal Multipurpose Super BB Society Limited and Sahara A Select scheme vide receipt and certificate issued by the 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.
3. Notice of the complaint was issued to the ops. Op no.1 did not appear despite service of notice. Op no.2 also did not appear despite issuance of notice through registered cover and as such both the ops were proceeded against exparte.
4. Complainant in evidence has tendered her affidavit Ex. CW1/A, receipts/ certificates Ex.C1, Ex.C2 and copy of adhar card Ex.C3.
5. We have heard learned counsel for complainant and have gone through the case file carefully.
6. From the receipt/ certificate Ex.C1, it is evident that on 25.02.2019 complainant deposited an amount of Rs.61,000/- with the ops and on maturity on 25.02.2021 she was entitled to receive maturity amount of Rs.74,152/- from ops. According to the complainant after maturity of the amount, the ops have failed to refund maturity amount to the complainant despite her several requests. The ops have failed to appear before this Commission despite notice and have 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.74,152/- 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.
7. In view of our above discussion, we allow this complaint and direct the opposite parties to pay the amount of Rs.74,152/- alongwith interest @6% per annum from the date of maturity 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: 13.04.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
