BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 118 of 2022
Date of Institution : 04.02.2022
Date of Decision : 31.08.2022.
Sukhwinder Kaur w/o Shri Baldev Singh, aged 60 years, resident of Jawahar Nagar, Mandi Dabwali, Tehsil Dabwali, Distt. 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 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
SH. SUNIL MOHAN TRIKHA……… MEMBER
Present: Sh. Narender Sharma, Advocate for the complainant.
Opposite parties no.1 and 2 already exparte.
ORDER
In brief, the case of the complainant is that she got deposited her saving amount with the opposite parties in the shape of as many as 7 FDRs and monthly installments of different amount on different dates with op no.1 i.e. local branch of op no.2 under Saharayn Univeral Multipurpose Super BB Society Limited and Sahara A-Select Schemes. The ops issued different receipts and certificates, the details of which with maturity values are as under:-
- Account No. 64677300058 dated 15.2.2018 of Rs. 20,400/- (10000+10400) maturity amount Rs.31334/- maturity date 15.2.2021.
- Account No. 64677300059 dated 15.2.2018 of Rs.15100/- (7500+7600) maturity amount Rs.23193/- maturity date 15.2.2021.
- Account No. 64677400095 dated 23.8.2018 of Rs.47300/- (20000+27300) maturity amount Rs.59333/- maturity date 23.8.2020.
- Account No. 64677300062 dated 15.2.2018 of Rs.20100/- (10000+10100) maturity amount Rs.30,873/- maturity date 15.2.2021.
- Account No. 64677300061 dated 15.2.2018 of Rs.21100/- (10000+11100) maturity amount Rs.32409/- maturity date 15.2.2021.
- Account No. 64677300060 dated 15.2.2018 of Rs.21000/- (10000+11000) maturity amount Rs.32256/- maturity date 15.2.2021.
- Account No. 64677400094 dated 25.3.2018 of Rs.238100/- (100000+138100) maturity amount Rs.2,98,672/- (125440_173232) maturity date 23.8.2020.
2. It is further averred that amount was deposited by the complainant with the ops and ops agreed to pay the interest @11.5% per annum compoundable interest half yearly rests and total amounts lying deposited with the ops. At the time of deposit of above said amounts, the Manager and agents of the company assured the complainant that amount deposited will be definitely repaid alongwith agreed rate of interest. The complainant alongwith her family members and friends have visited the ops on many occasions and have also fulfilled terms and conditions for getting refund of the amount but the ops have failed to make the payment and are lingering on the matter on one pretext or the other. It is further averred that complainant has also come to know that ops have obtained the money from her by playing a fraud with her and after making false promises and assurances and now they are intentionally delaying for making the payment. The ops are legally bound to make the payment of the above said FDRs and there is deficiency of service and unfair trade practice on the part of ops and complainant has apprehension that ops may usurp the amount deposited by her. The complainant is legally entitled to get maturity amount of above said FDRs alongwith future interest as per agreement otherwise she is legally entitled to get the money alongwith interest @24% per annum. Hence, this complaint.
3. On notice, initially opposite parties appeared and sought adjournments for filing written version but despite availing several opportunities ops did not file any written version and as such defence of ops was struck of.
4. In the exparte evidence, complainant has tendered her affidavit Ex.C1 and copies of certificates Ex.C2 to Ex.C7 (actually Ex.C2 to Ex.C8).
5. On 29.08.2022 when the case was fixed for arguments, none appeared on behalf of ops and as such ops were proceeded against exparte.
6. We have heard learned counsel for complainant and have gone through the case file.
7. The complainant in order to prove her complaint has furnished her affidavit Ex.C1 in which she has reiterated all the contents of her complaint. She has also placed on file copies of certificates as Ex.C2 to Ex.C8, the perusal of which reveals that complainant deposited different amounts on different dates with the ops. Further in certificates Ex.C2 to Ex.C8, it is also mentioned that complainant has also joining points. The complainant has placed on file a certificate of Sh. Sucha Singh the then Manager of ops in which he has certified that second bonds with certificates which are of points are regarding fixed deposit of payable interest and Sahara India has considered the value of one point as Rs.100/- and future interest will be paid on the amounts of both the bonds. The pleadings as well as evidence led by complainant goes as unchallenged and unrebutted. There is nothing on file to disbelieve the version of complainant that she is not entitled to the maturity amount of Rs.5,08070/- from ops. Despite maturity, the ops have failed to make payment of the maturity amount to the complainant. From the perusal of evidence led by complainant, it is established on record that he is consumer of ops and they were under liability to pay maturity amount to the complainant. Therefore, ops are bound to discharge their liability by making payment of maturity amount to the complainant which they have failed to discharge on maturity. Even ops have failed to contest the present complaint by filing written version despite appearance and ultimately, ops also opted to be proceeded against exparte. Non payment of amount of complainant clearly amounts to deficiency in service as well as unfair trade practice on the part of ops and as such complainant is also entitled to compensation and litigation expenses from the ops besides maturity amount.
8. In view of our above discussion, we allow this complaint and direct the opposite parties to pay the amount of Rs.5,08,070/- alongwith interest @6% per annum from the date of filing of this complaint i.e.04.02.2022 till actual realization to the complainant. We also direct the ops to pay a sum of Rs.5,000/- as composite compensation for harassment including 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: 31.08.2022. District Consumer Disputes
Redressal Commission, Sirsa.
JK
