BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 269 of 2021
Date of Institution : 11.10.2021
Date of Decision : 16.03.2022.
Narendra Sharma son of Shri Ram Nath Sharma, aged 63 years, resident of Bharat Nagar, Street No.2, Kanganpur Road, 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 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. SUNIL MOHAN TRIKHA……… MEMBER
Argued by: Sh. V.P. Arya, Advocate for the complainant.
Opposite parties no.1 and 2 already exparte.
ORDER
In brief, the case of the complainant is that he got deposited his saving amount with the opposite parties in the shape of as many as 43 FDRs of different amount on different dates under Saharayn Univeral Multipurpose Super BB Society Limited and Sahara A-Select Schemes. The op no.1 is local branch of op no.2 and they issued different receipts and certificates of the deposits of the amounts and the details of the same are as under:-
Sr. No. Control Nos./Dated Maturity Date Maturity Amount
- 24846800549 Dt. 31.10.2017 31.10.2020 Rs. 70,408/-
- 24846800550 Dt. 31.10.2017 31.10.2020 Rs.52,559/-
- 24846800750 Dt. 14.11.2017 14.11.2020 Rs.64,949/-
- 24846800751 Dt. 31.10.2017 31.10.2020 Rs.52,559/-
- 24846800770 Dt. 15.11.2017 15.11.2020 Rs.10,795/-
- 24846800902 Dt. 23.11.2017 23.11.2020 Rs.54,860/-
- 24846800903 Dt. 23.11.2017 23.11.2020 Rs.58,010/-
- 24846801064 Dt. 11.12.2017 11.12.2020 Rs.34,915/-
- 24846801378 Dt. 30.12.2011 30.12.2020 Rs.79,790/-
- 24847800610 to 24847800636 Dt. 14.8.2019 14.2.2021 Rs.11,470/- each
(Total 27)
11 24847800662 Dt. 14.8.2019 14.2.2021 Rs.13,764/-
- 24847800663to 24847800665 Dt. 14.8.201914.2.2021Rs.11,470/- each
(Total 3)
- 24847800667 Dt.14.8.2019 14.2.2021 Rs.11,470/-
- 24846600578 Dt. 13.4.2016 13.10.2021 Rs.12,000/-
- 24846600579 Dt. 13.6.2016 13.10.2021 Rs. 12,000/-
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 his family members and friends have visited the ops on many occasions and have also fulfilled all the 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 him by playing a fraud with him 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 him. The complainant is legally entitled to get maturity amount of above said FDRs alongwith future interest as per agreement otherwise he is legally entitled to get the money alongwith interest @24% per annum. Hence, this complaint.
3. Notice of the complaint was issued to the ops. Op no.1 did not appear despite service and as such op no.1 was proceeded against exparte. Notice issued to OP no.2 through registered cover did not receive back and after waiting for stipulated period as none appeared on behalf of op no.2, op no.2 was also proceeded against exparte.
4. In the exparte evidence, complainant has tendered his affidavit Ex.CW1/A and copies of FDRs Ex.C1 to Ex.C43.
5. We have heard learned counsel for complainant and have gone through the case file.
6. Learned counsel for complainant contended that complainant deposited amounts with the ops under Saharayn Universal Multipurpose Super BB society Limited and Sahara A Select Schemes and the complainant is entitled to the maturity amounts at current prevailing rates as per scheme of the ops as same have been enhanced after passing of time and the maturity amounts mentioned by the complainant in the complaint have been mentioned at the time of filing of complaint i.e. of month of October, 2021 and he has also placed on file a hand written chart/ calculation of maturity amounts on the basis of online record/ scheme of ops showing maturity amounts against each certificates as on 8.3.2022 and prayed for acceptance of the complaint.
7. The complainant in order to prove his case has furnished his affidavit Ex.CW1/A in which he has reiterated all the contents of his complaint. He has also placed on file copies of FDRs as Ex.C1 to Ex.C43, the perusal of which reveals that complainant has deposited various amounts with the ops and all details of the amounts with receipts numbers and membership numbers are mentioned in these FDRs. The ops have failed to appear before this Commission and opted to be proceeded against exparte. The pleadings as well as evidence led by complainant goes as unchallenged and unrebutted. According to complainant up to 8.3.2022 (the date when the case was fixed for arguments), the complainant was entitled to total maturity amount of Rs.9,94,772/- of all the above said FDRs which is also increasing day by day as per their own scheme of the ops. The complainant by leading oral as well as documentary evidence in the shape of affidavit and copies of FDRs have duly proved on record that he has deposited various amounts with the ops and he was entitled to receive the maturity amounts of the above said FDRs alongwith agreed rate of interest but the ops have failed to refund the maturity amounts of the above said FDRs to the complainant. Even the ops have not bothered to appear before this Commission to contest the present complaint and opted to be proceeded against exparte. The act and conduct of the ops clearly amounts to deficiency in service as well as unfair trade practice towards the complainant.
8. Keeping in view of our above discussion, we allow the present complaint and direct the opposite parties to make refund of the maturity amounts of above said FDRs (Ex.C1 to Ex.C43) to the complainant i.e. current prevailing maturity amounts on the date of actual payment alongwith up to date agreed rate of interest i.e. at the rate of 11.5% per annum till actual payment. We also direct the ops to further pay a sum of Rs.20,000/- as compensation for harassment including litigation expenses to the complainant. The ops are directed to comply this order within a period of 45 days from today, failing which penal action under Section 72/72 of the Consumer Protection Act, 2019 will be taken against them. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced. Member Member President,
Dated: 16.03.2022. District Consumer Disputes
Redressal Commission, Sirsa.
