BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.

                                                          Complaint Case no. 565 of 2022      

                                                          Date of Institution: 05.09.2022

                                                          Date of Decision:   13.04.2023. 

Som Parkash aged about 54 years son of Shri Hola Ram, resident of village Bhangu, Tehsil and District Sirsa.

                                                                   ………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, 2^nd 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 amounts alongwith interest besides compensation for harassment and litigation expenses from ops.

2.       In brief, the case of complainant is that complainant got deposited his saving amount with the ops in the shape of FDRs under Sahara Credit Cooperative Society Limited vide receipts issued by ops, the detail of which is as under:-

1. Account No. 24847201922 Rs.17000/- deposit date 15.12.2018 maturity amount Rs. 198771/- maturity date 15.06.2020.
2. Account No. 24847201923 Rs.17,000/- deposit date 15.12.2018 maturity amount Rs.19,771/- maturity date 15.06.2020.
3. Account No. 24847201924 Rs.17000/- deposit date 15.12.2018 maturity amount Rs.19,771/- maturity date 15.06.2020.
4. Account No. 24847201925 Rs.17,000/- deposit date 15.12.2017 maturity amount Rs.19,771/- maturity date 15.06.2020.
5. Account No. 24847201926 Rs.18000/- deposit date 15.12.2018 maturity amount Rs.20,934/- maturity date 15.06.2020.
6. Account No. 24847201927 Rs.18000/- deposit date 15.12.2018 maturity amount Rs.20,934/- maturity date 15.06.2020.
7. Account No. 24847201928 Rs.18000/- deposit date 15.12.2018 maturity amount Rs.20,934/- maturity date 15.06.2020.
8. Account No. 24847201929 Rs.18,000/- deposit date 15.12.2018 maturity amount Rs.20,934/- maturity date 15.06.2020.
9. Account No. 24847202052 Rs.7000/- deposit date 11.12.2018 maturity amount Rs.8141/- maturity date 30.06.2020.

3.       It is further averred that 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 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.

5.       Complainant in evidence has tendered his affidavit Ex.CW/1, copy of adhar card Ex.C1 and receipts/ certificates Ex.C2 to Ex.C10.

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.C5, it is evident that on 15.12.2018 complainant deposited amounts of Rs.17,000/- each for four times with the ops and on maturity on 15.06.2020 he was entitled to receive amount of Rs.19,771/- each against each four receipt/ certificate from ops. Further from receipts/ certificates Ex.C6 to Ex.C9, it is evident that on 15.12.2018 complainant also deposited amounts of Rs.18,000/- each against each of four receipts with the ops and on 15.06.2020 he was entitled to receive amount of Rs.20,934/- each against each four receipt/ certificate from ops. From the receipt/ certificate Ex.C10, it is also evident that on 31.12.2018 complainant also deposited an amount of Rs.7000/- with the ops and on maturity on 30.06.2020, he was also entitled to receive another maturity amount of Rs.8141/- from ops. According to complainant despite maturity of the above said amounts, the ops have failed to refund the maturity amounts to the complainant despite his 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 he is not entitled to the claimed maturity amounts 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 total maturity amount of Rs.1,70,961/- alongwith interest @6% per annum (after bifurcation of maturity amount of each deposit) from the date of each 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