BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 520 of 2022
Date of Institution: 23.08.2022
Date of Decision: 05.06.2023.
Sanchi daughter of Shri Satpal Singla, aged 20 years, resident of House No. 16777, Sarabha Nagar, Bathinda.
………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 either payment of Rs.2,21,080/- as maturity amount alongwith interest or 80 grams gold besides compensation for harassment and litigation expenses from ops.
2. In brief, the case of complainant is that parents of complainant deposited their saving amount in the name of complainant with the ops in the shape of monthly installments with op no.1 i.e. local branch of op no.2 under Sahara Q. Gold Mart Scheme vide receipt and certificate issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 27004700006 dated 25.5.2012 of Rs.1,43,256/- (5969x24) maturity amount Rs.2,21,080/- (value of 80 grams gold at that time) maturity date was 25.5.2014.
3. It is further averred that as per scheme of ops on completion of installments of two years, the ops were liable to deliver 80 grams gold to the complainant. That after completion of installments, the ops have failed to deliver 80 grams gold and have also failed to make payment equal to 80 grams gold 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 adjournment for filing written statement but on 01.12.2022 when the case was fixed for filing written statement and power of attorney on behalf of ops, none appeared on their behalf. As such ops were proceeded against exparte.
5. Complainant has tendered her affidavit Ex.C1, receipt/ certificate Ex.C2, application/ form for delivery of gold/ payment in lieu of gold Ex.C3, receipts/ certificates Ex.C4 to Ex.C6 and certificate of Sh. Sucha Singh the then Manager of ops as Ex.C7.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. According to the complainant, the parents of complainant deposited their saving amount in the name of complainant with the ops in monthly installments. It is further the case of complainant that they had to deposit monthly installments of Rs.5969/- each for 24 months and on maturity either the ops were liable to pay the maturity amount of Rs.2,21,080/- alongwith interest or to deliver 80 grams gold. In this regard complainant has also placed on file receipts/ certificates Ex.C2 and Ex.C4 to Ex.C6 and certificate of Sh., Sucha Singh the then Manager of ops as Ex.C7. So, it is proved on record that either ops were liable to pay maturity amount of Rs.2,21,080/- to the complainant or to deliver 80 grams of gold to the complainant and according to complainant the ops have failed to do so despite their several requests and visits. The opposite parties despite appearance have failed to rebut the pleadings and evidence of complainant rather opted to be proceeded against exparte. There is nothing on file to disbelieve the version of complainant and as such in our view complainant is entitled to the maturity amount of Rs.2,21,080/- from ops alongwith interest. 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.2,21,080/- 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: 05.06.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
