BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.252 of 2021
Date of Inst. 27.07.2021
Date of Decision: 24.11.2021
Shailendra Kumar S/o Jhaksu Mehta, R/o H. No.4A, New Green Model Town, Gali No.1, PO Model Town, Jalandhar 1, Distt. Jalandhar 144003.
..........Complainant
Versus
Sahara India through its Branch Manager/Branch Head, Office at Sahara India, Office at Vijay Tower, Civil Line, 2nd Floor, Jalandhar City.
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member) Sh. Jaswant Singh Dhillon (Member)
Present: Sh. Rakesh Trikha, Adv. Counsel for the Complainant. OP exparte.
Order
Jyotsna (Member)
1. The instant complaint has been filed by the complainant, wherein alleged that he had invested in Sahara. E. Shine Rs.1,00,000/- with Certificate No.351001211429, Membership No.27021103500, Account No.27023701910, Authorized Center Jalandhar, Sector Jalandhar Sector, Region Chandigarh R.O on 24/12/2011 and was going to mature on 24/12/2019. That on the date of Maturity i.e. 24/12/2019, the complainant was going to get the amount of Rs.2,61,200/- from OP but till date the complainant haven't received a single penny from opposite party. The complainant many times went to receive the amount from OP’s office at Jalandhar, but the manager namely A.K. Panday started saying that the complainant is not going to get the amount of maturity i.e. Rs. 2,61,200/-. The Manager also started pressuring the complainant to invest the maturity amount in their new scheme. The complainant told him that he was in dire need of money but the manager did not hear anything and asked the complainant to leave the office at once. The complainant tried to raise his voice against the injustice, the Manager called his security and threw the complainant out of the office. The Manager of the opposite party also refused to make the payment to the complainant of the maturity amount i.e. Rs 2,61,200/-. The complainant visited the office of opposite party on different dates, but all in vain. Also the complainant visited the office of OP at Jalandhar on 19.04.2021, but the Manager finally refused to make payment to the complainant which is totally illegal and act of fraud. That the complainant also sent a notice to the OP on 30.06.2021, but no reply has been sent by the OP to the complainant. The complainant is suffering a mental tension, physical harassment, pain and maltreatment due to non-encasing the amount and as such, the present complaint filed with the prayer that the complaint of the complainant may kindly be accepted and OP be directed to pay a sum of Rs.2,61,200/- alongwith interest @ 8% per annum from the date of maturity i.e. 24.12.2019 till its realization and further OP be directed to pay Rs.1,00,000/- as compensation for causing mental tension and harassment to the complainant and further OP be directed to pay Rs.40,000/- as litigation expenses.
2. Notice of the complaint was given to the OP, but despite service OP failed to appear and ultimately, OP was proceeded against exparte.
3. In order to prove his respective version, the complainant produced on the file his respective evidence.
4. We have heard the learned counsel for the complainant and also gone through the case file very minutely.
5. From the perusal of the pleadings of the complainant, it is clear that complainant had deposited a sum of Rs.1,00,000/-, vide Certificate No.351001211429 on 24.12.2011 with maturity value of Rs.2,61,200/- on 24.12.2019, which is evident from Ex.C-2. Now question remains whether the complainant virtually ever approached to the OP for making the payment of said matured amount, regarding that a legal notice served by the complainant on 30.06.2021 and in response to the legal notice, the OP did not bother to pay the matured amount. If the OP was ready to make the payment, then why the OP did not make the payment to the complainant despite he approached him number of times.
6. Apart from that the photostat copy of Certificate of Sahara is filed on the file Ex.C-2 having Certificate No.351001211429 and Membership No.27021103500 dated 24.12.2011 and its maturity value is Rs.2,61,200/- on 24.12.2019. There is not an iota of documents available on the file, served by the OP to the complainants to prove that his amount is matured and asked him to get the payment, so, it means the OP also did not call upon the complainant to get the payment of matured amount. So, under these circumstances and un-rebutted evidence, we find that the OP himself is negligent for not paying the maturity amount despite repeated request of the complainant, which tantamounts to deficiency in service and accordingly, we reached to the conclusion that the complainant is entitled for the relief claimed.
7. In the light of above detailed discussion, we find that the case of the complainant is not rebutted by the OP by bringing on the file any cogent as well as documentary evidence, therefore, we have no hesitation to accept the claim of the complainant and accordingly, we hold that the complainant is entitled for the relief as claimed and therefore, the complaint of the complainant is partly allowed and OP is directed to reimburse the maturity amount of Rs.2,61,200/- with interest @ 6% per annum from the date of maturity, till realization and further OP is directed to pay compensation to the complainant for causing mental tension and harassment to the complainant, to the tune of Rs.7000/- and litigation expenses of Rs.5000/-. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be sent to the parties, as permissible, under the rules. File be indexed and consigned to the record room after due compliance.
Dated Jaswant Singh Dhillon Jyotsna Dr.Harveen Bhardwaj
24.11.2021 Member Member President
