BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 478 of 2022
Date of Institution: 28.07.2022
Date of Decision: 18.09.2023.
Satish Kumar son of Shri Hari Chand, resident of 445, Inderpuri Mohalla, Band Gate, Sirsa, Tehsil and District Sirsa.
………Complainant.
Versus
1. Sahara India Pariwar, Branch located near State Bank of India, Main Branch, 2nd Floor, Halceyan IELTS, Sirsa, Tehsil and District Sirsa, through its Branch Manager.
2. Sahara Credit Co-operative Society Limited, now known as Sahara India Pariwar, registered office: Sahara India Bhawan-1, Kapurthala Complex, Aliganj Lucknow – 226024 through its Manager.
……… Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR………. PRESIDENT
SMT. SUKHDEEP KAUR……………..MEMBER
Present: Sh. Kapil Sharma, Advocate for complainant.
Opposite parties already exparte.
ORDER:-
This complaint has been filed by complainant against the opposite parties seeking payment of Rs.5,79,235/- as maturity amount alongwith interest besides compensation for harassment and litigation expenses from ops.
2. In brief, the case of complainant is that on 07.12.2019 complainant had deposited amounts in the shape of fixed deposit vide receipts issued by ops, the detail of which is as under:-
Certificate No. | Membership No. | Value (Rs.) | Maturity Value |
80857861198 | 925011947059 | 64,000/- | 73,408/- |
80857861199 | 925011947060 | 63,000/- | 72,261/- |
80857861200 | 925011947061 | 64,000/- | 73,408/- |
80857861201 | 925011947062 | 64,000/- | 73,408/- |
80857861202 | 925011947063 | 64,000/- | 73,408/- |
80857861203 | 925011947064 | 61,000/- | 69,967/- |
80857861204 | 925011947065 | 62,000/- | 71,114/- |
80857861205 | 925011947066 | 22,000/- | 25,234/- |
80857861206 | 925011947067 | 20,000/- | 22,940/- |
80857861207 | 925011947068 | 21,000/- | 24,087/- |
| Total: | 5,05,000/- | 5,79,235/- |
3. It is further averred that maturity date of the above said FDRs was 07.06.2021 but after maturity ops have failed to make payment of the maturity amount to the complainant despite his 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 served but none appeared on behalf of op and as such op no.1 was proceeded against exparte. Notice was sent to op no.2 through registered cover and as none appeared on behalf of op no.2 despite delivery of notice, therefore, op no.2 was proceeded against exparte.
5. Complainant has tendered his affidavit Ex.C1 and receipts/ certificates as Ex.C2 to Ex.C11.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. From the receipts/ certificates Ex.C2 to Ex.C11, it is evident that on 07.12.2019 complainant deposited above said amounts with the ops and on maturity on 07.06.2021 he was entitled to receive total maturity amount of Rs.5,79,235/- from the ops. According to the complainant after maturity ops have failed to refund the maturity amount to the complainant despite his several requests. The opposite parties despite notices have failed to appear and 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 that he is not entitled to the claimed maturity amount of Rs.5,79,235/- 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.
8. In view of our above discussion, we allow this complaint and direct the opposite parties to pay the maturity amount of Rs.5,79,235/- 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 President,
Dated: 18.09.2023. District Consumer Disputes
Redressal Commission, Sirsa.
