BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 532 of 2022
Date of Institution: 26.08.2022
Date of Decision: 13.04.2023.
Subhash Chand, aged about 65 years son of Shri Hola Ram, resident of House No. 129-A, Gali No.2, Friends Colony, Sirsa, 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, 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 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 bearing account No. 24848000136 dated 25.2.2019 of Rs.62,000/- and its maturity amount was Rs.75,367/- and maturity date was 25.02.2021 and on 25.02.2019 he also deposited amount of Rs.36,000/- with the ops vide FDR Account No.24848000137 and its maturity amount was Rs.43,762/- and its maturity date was 25.02.2021. The complainant deposited above said amounts with op no.1 i.e. local branch of op no.2 under Saharayn Universal Multipurpose Super BB Society Limited and Sahara A Select schemes vide receipts and certificates issued by the ops.
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.CW1/A, receipts/ certificates Ex.C1 to Ex.C3 and copy of his adhar card Ex.C4.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. From the receipt/ certificate Ex.C1, it is evident that on 25.02.2019 complainant deposited an amount of Rs.62,000/- with the ops for a period of 24 months and on maturity on 25.02.2021 he was entitled to receive maturity amount of Rs.75,367/- from ops. Further from receipt/ certificate (wrongly not exhibited), it is evident that on 25.02.2019 complainant also deposited amount of Rs.36,000/- with the ops for 24 months and on maturity on 25.02.2021, he was also entitled to receive another maturity amount of Rs.43,762/- 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 of Rs.75,367/- and Rs.43,762/- 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 amount of Rs.1,19,129/- 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
