BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 212 of 2017
Date of Institution : 17.8.2017
Date of Decision : 22.12.2017.
Shweta aged about 28 years daughter of Sh. Surender Kumar, resident of Vaishno Mata Mandi Area, Mandi Dabwali, Tehsil Dabwali, Distt. Sirsa.
……Complainant.
Versus.
1. Sahara India Pariwar, Branch located at adjoining Jyani Hospital, Near State Bank of India, Main Branch, 2nd Floor, Sirsa, Tehsil and Distt. Sirsa through its Branch Manager.
2. Sahara India Pariwar, Sahara India Bhawan, 1, Kapporthala Complex, Aliganj, Lucknow-226024 through Authorized person.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
SMT. RAJNI GOYAT……………………MEMBER
SH. MOHINDER PAUL RATHEE …… MEMBER.
Present: Sh. Subhash Chander, Advocate for the complainant.
Opposite parties exparte.
ORDER
The case of the complainant in brief is that complainant got deposited his saving amount with the ops in the shape of many FDRs of different amount on different dates and the op no.2 i.e. local branch of op no.1 issued the different receipt after depositing the amount and the maturity value of the same are Rs.2,85,000/- till today and details of all FDs alongwith maturity value are as under:-
- Receipt no.805370055860 dated 15.1.2016, maturity amount Rs.19771/- and date of maturity 15.7.2017.
- Receipt No.805370055861 dated 15.1.2016, maturity amount Rs.18608/- and date of maturity was 15.7.2017.
- Receipt no.805370055866 dated 15.1.2016, maturity amount Rs.19771/- and date of maturity was 15.7.2017.
- Receipt No.805370055867 dated 15.1.2016, maturity amount Rs.19771/- and date of maturity was 15.7.2017.
- Receipt No.80537055577 dated 7.1.2016, maturity amount Rs.20060/- and date of maturity was 7.7.2017 in the name of husband of complainant.
- Receipt No.80537055578 dated 7.1.2016, maturity amount Rs.18880/- and date of maturity was 7.7.2017 in the name of husband of complainant.
- Receipt No.80504639830 dated 1.12.2015 maturity amount Rs.155760/- and date of maturity was 1.6.2017 in the name of husband of complainant.
It is further averred that total amounts have been lying deposited with the ops. At the time of depositing of the amount, the manager and the agents of the ops/company assured the complainant that the amount deposited will be definitely repaid alongwith the agreed rate of interest. The complainant alongwith his family members and friends visited the ops on many occasions but they failed to make the payment so far and they are lingering the matter on one pretext or the other. That the complainant has fulfilled all the terms and conditions for getting refund of the amount but the ops are intentionally avoiding the matter on one pretext or another. The complainant has laso come to know that the ops have obtained the money from the complainant by playing a fraud with her and after making false promises and assures and now intentionally delaying for making the payment. Hence, this complaint.
2. Opposite party no.1 failed to appear despite service and op no.2 failed to appear despite notice sent through registered cover and therefore, they were proceeded against exparte.
3. The complainant has furnished her affidavit Ex.CW1/A and copies of FDs Ex.C1 to Ex.C6.
4. We have heard learned counsel for the complainant and have perused the case file carefully.
5. The complainant in order to prove her complaint has furnished her affidavit Ex.CW1/A wherein she has reiterated all the averments of her complaint. The complainant has also furnished copies of six FDRs as Ex.C1 to Ex.C6. The pleadings and evidence led by the complainant goes as unchallenged and unrebutted as the opposite parties opted to be proceeded against exparte. It is proved on record that complainant had deposited the amounts with the opposite parties and six FDRs were issued to the complainant. From copy of FDR Ex.C1, it is evident that complainant deposited an amount of Rs.17000/- on 7.1.2016 for a period of 18 months and she was tor eceive an amount of Rs.20060/- on maturity date i.e. 7.7.2017. From copy of FDR Ex.C2, it is evident that complainant deposited an amount of Rs.16000/- with the ops on 7.1.2016 for a period of 18 months and she was to receive an amount of Rs.18,880/- on maturity date i.e. 7.7.2017. From copy of FDR Ex.C3, it is evident that complainant deposited an amount of Rs.17,000/- on 15.1.2016 for the period of 18 months and she was to receive an amount of Rs.19771/- on maturity date i.e. 15.7.2017. From the copy of FDR Ex.C4, it is evident that complainant deposited an amount of Rs.17,000/- on 15.1.2016 for the period of 18 months and she was to receive an amount of Rs.18608/- on maturity date i.e. 15.7.2017. Further from copy of FDR Ex.C5, it is evident that complainant deposited an amount of 17,000/- on 15.1.2016 for the period of 18 months and she was to receive an amount of Rs.19771/- on maturity date i.e. 15.7.2017 and from the copy of FDR Ex.C6, it is evident that complainant deposited an amount of Rs.17,000/- on 15.1.2016 for the period of 18 months and she was to receive an amount of Rs.19771/- on maturity date i.e. 15.7.2017. The payment of the aforesaid amounts after the maturity by the ops has not been made to the complainant despite repeated requests to the complainant. Non payment by ops after due dates clearly amounts to deficiency in service and unfair trade practice on the part of ops. However, since no evidence has been given regarding FD No.80504639830, hence claim for same is declined.
11. In view of the above, we allow this complaint and direct the opposite parties to pay the total amount of Rs.1,16,861/- of all the six FDRs to the complainant alongwith interest @4% per annum from the date of maturities i.e. 7.7.2017/15.7.2017 till actual payment within a period of one month from the date of receipt of copy of this order, failing which the above said amount will carry interest @9% per annum from the date of order till actual realization. We also direct the ops to pay a sum of Rs.10,000/- as compensation to complainant and Rs.2000/- as litigation expenses to the complainant. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. President,
Dated:22.12.2017. Member Member District Consumer Disputes
Redressal Forum, Sirsa.
