BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 63 of 2023
Date of Institution: 07.02.2023
Date of Decision: 06.06.2023.
Sushila Devi aged about 42 years wife of Shri Jai Sagar, resident of Gali No.10, Friends Colony, near HUDA Chowk, 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
SMT. SUKHDEEP KAUR……………..MEMBER
SH. OM PARKASH TUTEJA…………MEMBER
Argued by: Sh. Narendra Sharma, Advocate for complainant.
Opposite party no.1 given up.
Opposite party no.2 already exparte.
ORDER BY SMT. SUKHDEEP KAUR, MEMBER:-
This complaint has been filed by complainant against the opposite parties seeking payment of Rs.30,900/- as maturity amount alongwith interest besides compensation for harassment and litigation expenses from ops.
2. In brief, the case of complainant is that complainant deposited her saving amount with the ops in the shape of two FDRs with op no.1 i.e. local branch of op no.2 under Saharayn Universal Multipurpose Super BB, Global Scheme vide receipts and certificates issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 24846801001 dated 30.11.2017 of Rs.20,300/- (10000+10300 (103 points, value of one point is equal to Rs.100/- according to company) maturity date is 30.11.2024.
(ii) Account/ Control/ ID/ Receipt No. 24846801002 dated 30.11.2017 of Rs.10,600/- (5400+5200 (52 points, value of one point is equal to Rs.100/- according to company) maturity date is 30.11.2024.
3. It is further averred that ops assured the complainant that if she requires the amount before maturity date, then she can withdraw the same after one year as per rules of scheme but ops have failed to make payment of the amount to the complainant despite her 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 with the report that office was locked and as such op no.1 was given up by learned counsel for complainant. Notice issued to op no.2 sent through registered cover was delivered as per delivery report but none appeared on behalf of op no.2. As such op no.2 was proceeded against exparte.
5. Complainant has tendered her affidavit Ex.C1 and receipts/ certificates as Annexures C1 to C4.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. From the receipts/ certificates C1/ C2, it is evident on 30.11.2017 complainant deposited amount of Rs.10,000/- with the ops and she was also given 103 joining points. Further from receipts/ certificates C3/C4, it is evident that on 30.11.2017 complainant also deposited amount of Rs.5400/- with the ops and she was also given 52 joining points. According to complainant herself date of maturity is 30.11.2024 but as per scheme of the ops she can withdraw the amount before the date of maturity. According to the complainant ops have failed to refund the amount to the complainant despite her several requests. The opposite party no.2 despite notice has failed to appear and failed to rebut the pleadings and evidence of complainant rather opted to be proceeded against exparte. It is proved on record that op no.1 received the amount from complainant on behalf of op no.2, so op no.2 is liable to refund the amount to the complainant. There is nothing on file to disbelieve the version of complainant and that she is not entitled to the maturity value of Rs.15,400/- alongwith the benefits from op no.2. Non payment of amount of complainant clearly amounts to deficiency in service as well as unfair trade practice on the part of op no.2.
8. In view of our above discussion, we allow this complaint and direct the opposite party no.2 to pay the maturity value of the amount of Rs.15,400/- and also the maturity value of 155 joining points as per its scheme. We also direct the op no.2 to further pay a sum of Rs.5000/- as composite compensation for harassment and litigation expenses to the complainant. The op no.2 is 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 entitled to the maturity amount alongwith interest @6% per annum from the date of this order till actual realization. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced: Member Member President,
Dated: 06.06.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
