District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No.004/2020.

 Date of Institution: 03.01.2020.

Date of Order: 26.07.2022.

Neil Takru S/o Shri Rakesh Takru R/o D-495, Sector-11, Faridabad 121006 (Near Water Tank YNCA Road) (Nominee of late Shri Sursh Takru).

                                                                   …….Complainant……..

                                                Versus

1.                Sahara India Pariwar, 7/155, Aggarwal Bhawan, Gopi Colony Chowk, Old Faridabad.

2.                Sahara India Centre, Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow – 226 020 (U.P).

                                                                    …Opposite parties……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

PRESENT:                    Sh. Y.K.Sharma, counsel for the complainant.

                             Opposite party No.1 ex-parte vide order dated 3.12.2020.

                             Opposite party No.2 ex-parte vide order dated 23.02.2022.

ORDER:  

                             The facts in brief of the complaint are that  Neil Takru son of Shri Rakesh Takru resident of D-495, Sector-11, Faridabad was the nominee of his Chacha late Shri Suresh Takru son of late Shri Man Mohan Takru resident of 5/F/55, NIT, Faridabad who had invested his hard earned savings in Sahara Group of companies with Sahara Faridabad Branch office at Sahara India Pariwar, 7/155, Aggarwal Bhawan, Gopi colony Chowk, Old Faridabad who unfortunately passed away due to kidney failure on February 1,2017.  He had  informed of the demise of his Chacha late Shri Suesh Takru and givne online computerized death certificate to Sahara Faridabad Branch office at Sahara India Pariwar, 7/155, Aggarwal Bhawan, Gopi colony Chowk, Old Faridabad on February 16,2017.  He was given draft of affidavit which needed to be submitted on stamp paper as per the norms of Sahara Group of Companies which too was duly submitted on February 21,2017 at Sahara Faridabad Branch office at Sahara India Pariwar, 7/155, Aggarwal Bhawan, Gopi Colony chowk, Old Faridabad.  Since there was no response upto April 28, 2017 from Sahara Faridabad branch office he again got in touch by personally visiting Sahara Faridabad Branch Office at Sahara India Pariwar, 7/155, Aggarwal Bhawan, Gopi Colony Chowk, Old Faridabad and was conveyed by Mr. Kushal Kumar to get in touch with agent Gagan.    Agent Gagan advised separate affidavit for M/s. Sahara Credit Cooperative Society Ltd. And M/s. Saharayn Universal Multi Purpose Society ltd. Respectively.  Again these formalities were completed with separate affidavit of M/s. Sahara Credit Cooperative Scoety and M/s. Saharayn Universal Multi Purpose Society Ltd. Respectively.  Again these formalities were completed with separate affidavit of M/s. Sahara Credit Cooperative Society Ltd. And M/s. Saharayn Universal Multi Purpose Society ltd. On May 4,2017 but on submission to agent Mr. Gagan who next day returned the affidavit of M/s.  Sahara Credit Cooperative Society Ltd. And M/s. Saharayn Universal Multi Purpose Society Ltd. With a remark to be notorised.  The same were again taken back and he had to got to the court for getting it attested from a notary with one extra photocopy each of M/s. Sahara Credit Cooperative Society Ltd. And M/s. Saharayn Universal Multi Purpose Society Ltd. Too to be notorised.  He again visited Sahara Faridabad Branch office at Sahara India Pariwar, 7/155, Aggarwal Bhawan, Gopi Colony Chowk, Old Faridabad for submitting the documents on May 19,2017 with a covering letter insisting and emphasizing that payment to be calculated till the date of disbursement.  Finally on October 21,2017 cheques were handed over by Mr. Kushal Kumar but on requesting for details Mr. Kushal Kumar showed ignorance that cheques were issued from head office at Lucknow  i.e Sahara India Centre2, Kapoorthala Complex, Aliganj, Lucknow ..

It was quite strange that he had been maintain and requesting for amount to be calculated till the date of disbursement as per commercial practice but his Shri Kushal Kumar asked to talk to the Branch Manager,, Mr. Surender Chauhan.  It was quite surprising that Mr. Surender Chauhan did not respond with any positive response nor appreciated the fact that the amount had been lying with the company Sahara India Pariwar till October 21,2017.  Further refer Account HJo. 23315001223 with receipt No.14080 338716 dated 27.03.96 for Rs.1000/- with code No. 233110028 too yet pending to be paid alongwith interest pertaining to late Shri Suresh Takru.  Original copy given to Shri Kushal Kumar by Shri Hari Om Aggarwal, Area Field Manager : Mob 9911340237. Also assured by Mr. S Singhal mob. 98181 30526 that necessary follow up would be done with the head office at Lucknow for settlement of dues but later no positive response could be elicited.  The aforesaid act of opposite party amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite party to:

a)                 opposite party account for Rs.1000/- against A/c. No. 61215600841 with entry dated 12/15 not paid.

b)                pay vide account No. 23315001223 with receipt No. 14080 338716 dated 27.03.96 for rs.1000/- with code No. 233110028 to yet pending to be paid alongwith interest pertaining to late Shri Sursh Takru.

c)                pay the calculated amount till the date of disbursement i.e October 21,2017 and further rate of interest @ 18% on the amount thus calculated till the decision of the court alongwith Rs.11000/- as litigation charges.

d)                 pay Rs.1,00,000/- as compensation for causing mental agony and harassment .

2.                Registered notice sent to opposite party No.1 received back with the report of refusal.   Case called several times since morning but none had appeared on behalf of opposite party No.1. Therefore, opposite party No.1 was proceeded against ex-parte vide order dated 03.12.2020.

3.                Opposite party No.2  put in appearance through counsel and filed written statement wherein Opposite party No.2 refuted claim of the complainant and submitted that   that after repeated request the complainant at last delivered the document sat the concerned Franchise office, Faridabad for making payment.  If the original document should be delivered in time that the said branch then definitely be made to complainant but it was mistale and negligency of the complainant for delay payment.  It was submitted that the complainant was asked to get the cheque many times form the concerned branch Faridabad but the complainant always told that he would collect when gets free from his examination/work.  Ultimately the cheque was delivered to the complainant against accounts No. 61215600841, 61216601047, 61216601866 & 61215600746 amount of Rs. 9795/-. 6011/-, 9110/- & 25586/- by way of chque No. 7426, 74277428 and 7430 accordingly as norms of the company.    The complainant reached too late at the office of opposite party and collect cheque too late whereas the said cheque as issued earlier.  This not the negligency of the company.  The complainant was solely responsible for dealy collect the cheque from the office of the opposite party.  The complainant with malafide intention wanted to extract the additional amount form the company which was not possible nor comes under the norms of the company. Opposite party No.2 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.

4.                Case called several times since morning but none appeared on behalf of opposite party No.2.    Therefore, opposite party No.2 was proceeded against parte vide order dated 23.02.2022.

5.                The parties led evidence in support of their respective versions.

6.                 We have heard learned counsel for the parties and have gone through the record on the file.

7.                In this case the complaint was filed by the complainant against opposite parties – Sahara India Pariwar & ors.. with the prayer to : a)            opposite party account for Rs.1000/- against A/c. No. 61215600841 with entry dated 12/15 not paid. b)    pay vide account No. 23315001223 with receipt No. 14080 338716 dated 27.03.96 for rs.1000/- with code No. 233110028 to yet pending to be paid alongwith interest pertaining to late Shri Sursh Takru. c) pay the calculated amount till the date of disbursement i.e October 21,2017 and further rate of interest @ 18% on the amount thus calculated till the decision of the court alongwith Rs.11000/- as litigation charges. d)        pay Rs.1,00,000/- as compensation for causing mental agony and harassment .

                   To establish his case the complainant has led in his evidence Ex.CW1/A – affidavit of  Neil Takru, Ex.C-1 to 5 – letter written by complainant to Shri Surender Chauhan, Branch Development Manager, Ex.C-6 to 8 – affidavit of Neil Takru, Ex.C-9 – details of entry, Ex.C-10 – Receipt No. 14080 338716, Ex.C-11 – postal receipts,, Ex.C-12 – legal notice, Ex.C-22 to Ex.C-30 – emails

8.                In this case, opposite party had admitted in his written statement  in para No. 15 that  the cheque was delivered to the complainant against accounts No. 61215600841, 61216601047, 61216601866 & 61215600746 amount of Rs. 9795/-. 6011/-, 9110/- & 25586/- by way of cheque No. 7426, 74277428 and 7430 accordingly as norms of the company.    The complainant reached too late at the office of opposite party and collect cheque too late whereas the said cheque as issued earlier.

                   On the other hand, counsel for the complainant submitted the details  of the difference in calculation as on October 21,2017 for the captioned case filed before the the Hon’ble Commission as given below:

Cheque No. 7426                             Rs.1127/-

Cheque No. 7427                             Rs.3476/-

Cheque No. 7428                             Rs.4788/-

Cheque No. 7430                             Rs. 11,676/-

Total                                                   Rs. 21,067/-

A/C No. 23315001223                    Rs.12376

Grand total    :                                   Rs.33,443/-

9.                There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite parties Nos1 & 2 have not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite parties Nos.1 & 2 have rendered deficient services to the complainant. Hence the complaint is allowed against opposite parties Nos.1 & 2.

10.              After going through the evidence led by the parties, the  Commission is of the opinion that  the complaint is allowed. But in the above said calculations, the complainant has not mentioned  the rate of interest. Opposite parties are directed to process the claim of the complainant  for the interest on the paid amount by the complainant as per the calculations of the complainant..  The opposite parties are also directed to pay Rs.2200/- as compensation on account of mental tension, agony and harassment alongwith Rs.2200/- as litigation expenses to the complainant.  Compliance of the order be made within 30 days from the date of receipt of copy of order. Copy of this order be given to the parties  concerned free of costs and file be consigned to record room.

Announced on:  26.07.2022                                 (Amit Arora)

                                                                                  President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                (Mukesh Sharma)

                Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.