BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 401 of 2022
Date of Institution: 15.06.2022
Date of Decision: 28.03.2023.
Yuvraj @ Yuvraj Lohia son of Shri Ram Partap, aged 32 years, resident of House No. 184, Gali no.4, Aggarsain Colony, 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.3,51,327/- 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 his saving amount with the ops in the shape of nine FDRs with the op no.1 i.e. local branch of op no.2 under Saharayn Universal Multipurpose Super BB Society Limited and Sahara A Select, Sahara M. Benefit Schemes vide receipts and certificates issued by ops, the detail of which is as under:-
(i) Account/ Control/ ID/ Receipt No. 24846800761 dated 14.11.2017 of Rs.85,800/- (40000+45800) maturity amount Rs.1,31,788/- maturity date was 14.11.2020.
(ii) Account/ Control/ ID/ Receipt No. 24846800762 dated 14.11.2017 of Rs.21,400/- (10000+11400) maturity amount Rs.46,342/- maturity date was 14.11.2020.
(iii) Account/ Control/ ID/ Receipt No. 24847801222 dated 14.12.2019 of Rs.22,000/- maturity amount Rs.25,234/- maturity date was 14.06.2021.
(iv) Account/ Control/ ID/ Receipt No. 24847801221 dated 14.12.2019 of Rs.22,000/- maturity amount Rs.25,234/- maturity date was 14.6.2021.
(v) Account/ Control/ ID/ Receipt No. 24847801220 dated 14.12.2019 of Rs.22,000/- maturity amount Rs. 25,234/- maturity date was 14.6.2021.
(vi) Account/ Control/ ID/ Receipt No. 24847801217 dated 14.12.2019 of Rs.21,000/- maturity amount Rs.24,087/- maturity date was 14.6.2021.
(vii) Account/ Control/ ID/ Receipt No. 24847801218 dated 14.12.2019 of Rs.21,000/- maturity amount Rs.24,087/- maturity date was 14.6.2021.
(viii) Account/ Control/ ID/ Receipt No. 24847801219 dated 14.12.2019 of Rs.21,000/- maturity amount Rs.24,087/- maturity date was 14.6.2021.
(ix) Account/ Control/ ID/ Receipt No. 24847801223 dated 14.12.2019 of Rs.22,000/- maturity amount Rs.25,234/- maturity date was 14.6.2021.
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. On notice, initially opposite parties appeared through counsel and sought adjournments for filing written statement but on 15.11.2022 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 his affidavit Ex.C1, receipts/ certificates Ex.C2 to Ex.C10 and certificate of Sh. Sucha Singh the then Manager of ops as Ex.C11.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. The complainant in order to prove that he has deposited above said amounts with the ops has placed on record copies of receipts/ certificates Ex.C2 to Ex.C10 which prove the version of complainant that he has deposited above said amounts with the ops. From the receipts/ certificates Ex.C2 and Ex.C3, it is also evident that complainant was also given 458 and 114 joining points. According to the complainant after maturity of above said deposited amounts, the complainant was entitled to receive an amount of Rs.3,51,327/- from ops which also includes the amount of joining points but ops have failed to refund the said maturity amount to the complainant. In this regard, he has also placed on file certificate of Sh. Sucha Singh the then Manager of ops as Ex.C11 in which he has stated that ops have considered the value of one point as hundred rupee. The ops despite appearance have failed to rebut the pleadings and evidence of complainant and ultimately 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 amount of Rs.3,51,327/- 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 amount of Rs.3,51,327/- (after bifurcation of the maturity amounts of each deposits) alongwith interest @6% per annum from the date of maturity of each deposit 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
