Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 642
Instituted on : 12.11.2022
Decided on : 29.09.2023
Rakesh @ Rakesh Hooda S/o Sh. Balu Ram R/o H.No. 778, Ward No.21, Gali No.5, Prem Nagar, Rohtak, Haryana.
………..Complainant.
Vs.
- Sahara India Sector Office Rohtak-2nd Floor Ganga Place Complex, Subhash Road, Rohtak through its Sector Manager.
- Saharayan Universal Multipurpose Society Limited, Regd. Office: Zone-1, In front of D.B.Mall M.P.Nagar, Madhya Pradesh-462011.
- Mr. Subrata Roy Sahara, Chairman, Sahara India, Kapoorthala Complex, Aliganj, Lucknow-226024.
- Mr. OP Shrivastava, Dy. Chairman, Sahara India, 1 Kapoorthala Complex, Aliganj, Lucknow-226024.
……….Opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR.TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER
Present: Sh. Anil Balhara, Advocate for complainant.
Sh. Jasvir Kundu, Advocate for opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per complainant are that opposite party no. 1 is Sector Office of Sahara India and opposite party no. 2 is the Society. Opposite parties no. 3 and 4 are the main persons, who are responsible for day to day working of Sahara India. Opposite parties invited the complainant to deposit money in schemes run under the name of the opposite parties no. 2 through opposite party no. 1 on the planning and control of opposite party no. 3 and 4. The detail of the Society name, schemes, amount, maturity date etc. are given below:-
Sr. No. | Initial amount in rupees | Certificate No./Account No. | Date of Maturity | Maturity amount in Rupees | Scheme & Name of Society |
1. | 1,10,000 | 337003231301 | 14/09/2024 | 2,20,000+3,01,400 =521400/- | Global OP No. 2. |
2. | 14000 | 337003231303 | 14/09/2024 | 28000+41000=69000 | Global OP No. 2. |
3. | 1,10,000 | 337000597097 | 14/09/2024 | 2,20,000+3,01,400 =5,21,400/- | Global OP No. 2. |
4. | 1,10,000 | 337000597098 | 14/09/2024 | 2,20,000+3,01,400 =5,21,400/- | Global OP No. 2. |
5. | 96,100 | 337000597099 | 14/09/2024 | 192200+263400 =4,55,600 | Global OP No. 2. |
6. | 1,10,000 | 337000597100 | 14/09/2024 | 2,20,000+3,01,400 =5,21,400/- | Global OP No. 2. |
It is further submitted that the officials of the opposite parties assured the complainant that all the payments will be made on date of maturity or on demand. All the payments were made by complainant at the office of opposite party at Rohtak. It is further submitted that complainant was in need of money so he approached the opposite party no. 1 at regular intervals but no payment is made by the opposite parties till the filing of the present complaint. The act and conduct of the opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay the due amount alongwith interest @18% p.a. from the date of demand till the date of actual realization alongwith compensation to the tune of Rs.2,00,000/- on account of harassment.
2. On notice, opposite parties appeared and but failed to file reply despite availing sufficient opportunities. Hence defence of opposite parties was struck off vide order dated 18.07.2023 of this Commission.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C6 and closed his evidence on 26.09.2023.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present case it is not disputed that as per receipts Ex.C1, Ex. C3, Ex. C4 and Ex. C6 respectively, complainant had deposited an amount of Rs.1,10,000/- under different Certificate No./Account No. through different transactions and the date of the maturity of the alleged amount is also different. As per receipt Ex.C2, he also deposited an amount of Rs.14000/- and as per receipt Ex.C5 he deposited an amount of Rs.96100/- with the opposite parties. As the complainant was in need of money, so he requested the opposite parties to refund the alleged amount but the alleged amount has not been paid to the complainant despite his repeated requests. On the other hand, opposite parties have failed to file any reply and evidence, which shows that they have nothing to say in the matter and all the allegations leveled by the complainant against the opposite parties stands proved. Hence there is deficiency in service on the part of opposite parties and opposite parties are jointly and severally liable to refund the alleged amount to the complainant. However at the time of the arguments, ld. counsel for the complainant has placed on record copy of calculation sheet as ‘Annexure-JNA’ which is not supported with ‘table of point value’ as mentioned in the deposit receipts. As such, in our view it is suffice to pay an interest @ 12% p.a. from the date of deposit till its realization to the complainant.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party No.1 to 4 jointly & severally to pay the maturity amount of alleged scheme as per calculation sheet given by the complainant which is as under:-
1. To pay the amount of Ex. C-1, C-3, C-4 & C-6 respectively i.e. Rs.110000/- each alongwith interest @ 12% p.a. from dated 14.09.2018 to till its realization,
2. To pay the amount of Ex. C-2 i.e. Rs.14000/- alongwith interest @ 12% p.a. from dated 14.09.2018 to till its realization.
3. To pay the amount of Ex. C-5 i.e. Rs.96100/- alongwith interest @ 12% p.a. from dated 14.09.2018 to till its realization.
Opposite parties are also directed to pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
29.09.2023
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Nagender Singh Kadian, President
…………………………………..
Tripti Pannu, Member.
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Vijender Singh, Member.
