Punjab

Ludhiana

CC/21/469

Rakesh Kumar - Complainant(s)

Versus

Sahara India Pariwar - Opp.Party(s)

Jatinder Gupta

15 Jul 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 469dated 13.10.2021.                                                         Date of decision: 15.07.2022. 

 

Rakesh Kumar aged 58 years son of Sh. Parma Nand Sharma, R/o. Plot No.62, Street No.1, Ajit Nagar, Bhattian Bet, Ludhiana.                                                                                                                            ..…Complainant

                                                Versus

1. M/s. Sahara India Pariwar, B-I-356, Shahi Mohalla, Civil Lines, Ludhiana, through its Secretary/Authorized Signatory.
2. M/s.               Sahara India Pariwar, Registered office at Sahara India Bhawan-I, Kapurthala Complex, Aliganj, Lucknow U.P., through its Secretary/Authorized Signatory.                                                                                                                                 …..Opposite parties 

Complaint U/s. 35 of Consumer Protection Act, 2020.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Jatinder Kumar Gupta, Advocate.

For OPs                          :         Exparte.

 

ORDER

PER K.K. KAREER, PRESIDENT

1.                In brief, the case of the complainant is that the complainant deposited a total sum of Rs.1,30,000/-  with the OPs as per the following detail:

Date	Amount	Receipt No.	Maturity amount	Date of maturity
21.03.2018	Rs.18,000/-	80719398932	Rs.20,934/-	21.09.2019
21.03.2018	Rs.18,000/-	80719398933	Rs.20,934/-	21.09.2019
21.03.2018	Rs.18,000/-	80719398930	Rs.20,934/-	21.09.2019
21.03.2018	Rs.18,000/-	80719398931	Rs.20,934/-	21.09.2019
21.03.2018	Rs.18,000/-	80719398929	Rs.20,934/-	21.09.2019
15.05.2017	Rs.15,000/-	80670731028	Rs.17,445/-	15.11.2018
15.05.2017	Rs.15,000/-	80670731027	Rs.17,445/-	15.11.2018
21.03.2018	Rs.10,000/-	80719398928	Rs.11,630/-	21.09.2019

 

2.                After the maturity date of the aforesaid deposits, the complainant approached the OPs for payment but they failed to make the payment. This amounts to deficiency of service on the part of the OPs. The legal notice dated 28.08.2020  served upon the OPs through Sh. Jatinder Kumar Gupta, Advocate also failed to evoke positive response from the OPs. Hence the complaint hereby it has been requested that the OPs be directed to pay the invested amount of Rs.1,51,190/- along with interest @12% per annum and further the OPs be also made to pay compensation of Rs.50,000/- to the complainant.

3.                Notice of the complaint was issued to the OPs but they did not turn up despite service and were proceeded against exparte.

4.                In exparte evidence, the complainant submitted his affidavit as Ex. CA along with documents Ex. C1 to Ex. C19 and closed the evidence.

5.                We have heard the counsel for the complainant and have also gone through the record.

6.                In the affidavit Ex. CA, the complainant had reiterated the entire case as set forth in the complaint. The complainant has also placed on record the copies of the receipt of deposits made with the OPs from time to time which are Ex. C1 to Ex. C16. A perusal of the record further shows that five deposits of Rs.18,000/- each with maturity amount of Rs.20,934/- each matured on 21.09.2019 having total amount Rs.1,04,670/-. Two deposits of Rs.15,000/- each with maturity amount of Rs.17,445/- matured on 15.11.2018 having total amount of Rs.34,890/- and one deposit of Rs.10,000/- with maturity amount of Rs.11,630/- matured on 21.09.2019. The same were not paid by the OPs who were liable to pay a total sum of Rs.1,51,190/- to the complainant. Under the circumstances, in our considered view, it would be just and proper if the OPs are directed to pay maturity amount of Rs.1,04,670/- along with interest @8% from 21.09.2019 till the date of actual payment and to pay the maturity amount of Rs.34,890/- with interest @8% per annum from the 15.11.2018 till date of actual payment and further to pay an amount of Rs.11,630/- with interest @8% per annum from 21.09.2019 till date of actual payment along with composite costs of Rs.7,000/-.

6.                As a result of above discussion, the complaint is allowed exparte with an order that the OPs shall be jointly and severally liable to pay maturity amount of Rs.1,04,670/- along with interest @8% from 21.09.2019 till the date of actual payment and to also pay the maturity amount of Rs.34,890/- with interest @8% per annum from the 15.11.2018 till date of actual payment and further to pay an amount of Rs.11,630/- with interest @8% per annum from 21.09.2019 till date of actual payment. OPs shall further pay a composite compensation of Rs.7,000/- (Rupees Seven Thousand only) to the complainant. Compliance of order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:15.07.2022.

Gobind Ram.

 

 

 

Rakesh Kumar Vs Sahara India Pariwar                          CC/21/469.

Present:       Sh. Jatinder Kumar Gupta, Advocate for complainant.

                   OPs exparte.

 

                   Arguments heard. Vide separate detailed order of today, the complaint is allowed exparte with an order that the OPs shall be jointly and severally liable to pay maturity amount of Rs.1,04,670/- along with interest @8% from 21.09.2019 till the date of actual payment and also to pay the maturity amount of Rs.34,890/- with interest @8% per annum from the 15.11.2018 till date of actual payment and further to pay an amount of Rs.11,630/- with interest @8% per annum from 21.09.2019 till date of actual payment. OPs shall further pay a composite compensation of Rs.7,000/- (Rupees Seven Thousand only) to the complainant. Compliance of order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:15.07.2022.

Gobind Ram.