BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 549 of 2022
Date of Institution: 05.09.2022
Date of Decision: 28.03.2023.
Varsha Rani wife of Shri Tilak Raj, aged 44 years, resident of village Sukherakhera, Abubshahar, Tehsil Mandi 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
SMT. SUKHDEEP KAUR……………..MEMBER
SH. OM PARKASH TUTEJA… ……….MEMBER
Present: Sh. Narendra Sharma, Advocate for complainant.
Opposite parties already exparte.
ORDER
This complaint has been filed by complainant against the opposite parties seeking payment of Rs.2,13,717/- as maturity amount of FDRs and joining points 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 FDRs with the op no.1 i.e. local branch of op no.2 under Saharayn Universal Multipurpose Super BB Society Limited vide receipts and certificates issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 34016406230 dated 18.2.2016 of Rs.1,19,239/- (60239/- + 59000/- ) maturity amount Rs.1,83,151/- maturity date was 18.2.2019 (590 points, one point is equal to Rs.100/-)
(ii) Account/ Control/ ID/ Receipt No. 64676800459 dated 30.12.2017 of Rs.19,900/- (10000/- + 9900/-) maturity amount Rs.30566/- maturity date was 30.12.2020 (99 points. One point equal to Rs.100/-)
3. It is further averred that after maturity ops have failed to make payment of the maturity amount to the complainant despite her several requests and visits and have caused unnecessary harassment and mental agony. Hence, this complaint.
4. On notice, initially opposite parties appeared through counsel and sought adjournment for filing written statement but on 29.11.2022 when the case was fixed for filing written statement and power of attorney on behalf of ops, none appeared on their behalf and as such ops were proceeded against exparte.
5. Complainant has tendered her affidavit Ex.C1, receipts/ certificates Ex.C2 to Ex.C4 and certificate of Sh. Sucha Singh the then Manager of ops as Ex.C5.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. From the receipts/ certificates Ex.C2 and Ex.C3, it is evident that on 30.12.2017 complainant deposited amount of Rs.10,000/- with the ops and he was also given 99 joining points. Further from receipt/ certificate Ex.C4, it is evident that on 18.02.2016 complainant deposited Rs.60,239/- with the ops. The complainant has also placed on file certificate of Sh. Sucha Singh the then Manager of ops as Ex.C5 in which he has stated that ops have considered the value of one point as hundred rupee. Though complainant has also claimed Rs.59,000/- against 590 joining points but he has not placed on file any receipt/ certificate vide which he has been given 590 joining points. As such complainant is entitled to maturity amount of Rs.60,239/- and also amount of Rs.30,566/- from the ops. The ops despite appearance did not file any written version and ultimately 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.
8. In view of our above discussion, we allow this complaint and direct the opposite parties to pay the maturity amount of Rs.60,239/- alongwith interest @6% per annum from the date of maturity i.e. 18.02.2019 till actual realization to the complainant. We also direct the ops to further pay another maturity amount of Rs.30,566/- alongwith interest @6% per annum from the date of its maturity i.e. 30.12.2020 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: 28.03.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
