Punjab

Ludhiana

CC/22/82

Shatrughan Kumar - Complainant(s)

Versus

Sahara Q Shop North - Opp.Party(s)

G.S.Sikka Adv.

26 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 82 dated 28.02.2022.                                                Date of decision: 26.10.2022.

 

Shatrughan Kumar Sahu son of late Hira Lal Sahu, R/o. H. No.10190, Street no.8, Ward No.65, Janta Nagar, Ludhiana-141003 Punjab. Cell 9915435848.

                                                                                      ..…Complainant 

•  

1. Sahara Q Shop North, (Sahara India Pariwar) having its Office at Sahara India Complex, C-2, C-3, C-4, Sector 11, Noida 201301 through its Manager.

2. Saharayn Universal Multipurpose Society Limited, Registered office 195, Zone-1 In front of D.B. Mall, M.P. Nagar, Bhopal, Madhya Pradesh-462011 through its General Manager.

3. Saharayn Universal Multipurpose Society Limited, Bal Tower, 2^nd Floor, G.T. Road, Dholewal Chowk, Ludhiana through its Branch Manager.                                                                                                     …..Opposite parties 

Complaint under Section 35 of the Consumer Protection Act,      2019.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. G.S. Sikka, Advocate.

For OPs                          :         Exparte.

 

ORDER

PER K.K. KAREER, PRESIDENT

 

1.                In brief, the case of the complainant is that on the representation of an agent of the OPs, on 08.08.2013, the complainant invested/deposited Rs.20,000/- and Rs.30,000/- with the OPs who issued two certificates No.933000035084, receipt No.583000035085 and certificate No.933000035085, receipt No.583000035086 vide membership No.969878000232 whereby the complainant was assured that he would get the maturity amount of Rs.67,800/- and Rs.42,000/- respectively. It is further stated that the complainant deposited Rs.2550/- with the OPs but no receipt was issued and the maturity amount of the said deposit was Rs.3500/-.  After the deposits matured on 10.02.2018 but the OPs again renewed the said deposits which were to be matured on 21.06.2021. After the date of maturity i.e. 21.06.2021, the complainant approached the OPs but they lingered on the matter on one pretext or the other and till date no payment has been made. The complainant served a legal notice dated 01.02.2022 through counsel Sh. G.S. Sikka, Advocate but to no avail. This amounts to deficiency of service on the part of the OPs. In the end, it has been requested that the OPs be directed to refund the amount of Rs.83,670/- from 21.06.2021 along with compensation of Rs.50,000/- and litigation expenses of Rs.22,000/-.   

2.                Upon notice, the OPs did not appear despite service through registered post and were proceeded against exparte.

3.                Along with the complaint, the complainant submitted affidavit Ex. CA along with documents Ex. C1 to Ex. C9 which was gone uncontroverted.

4.                We have gone through the record and have heard the arguments advanced by the counsel for the complainant.

5.                As per the allegations made in the complaint, the complainant invested a sum of Rs.20,000/- and Rs.30,000/- respectively with the OPs. In this regard, the complainant has placed on record the certificate Ex. C1 vide which an amount of Rs.20,000/- was invested on 08.08.2013, the certificate Ex. C3 vide which an amount of Rs.30,000/- was invested on 08.08.2013 and the certificate Ex. C3 vide which an amount of Rs.2550/- was invested on 10.02.2018. Even after the date of maturity, no amount was paid to the complainant. Non-payment of the maturity amount clearly amounts to deficiency of service on the part of the OPs. In the given circumstances, in our considered view, it would be just and proper if the OPs are made to refund the maturity amount of Rs.52,550/- with interest @8% per annum from 08.08.2013 till the date of actual payment and the OPs are further made to pay Rs.7,000/- as composite cost and compensation.

6.                As a result of above discussion, the complaint is allowed exparte with a direction to the OPs to refund the maturity amount of Rs.52,550/- with interest @8% per annum from 08.08.2013 till the date of actual payment to the complainant within 30 days from the date of receipt of copy of order. The OPs shall further pay a composite costs and compensation of Rs.7,000/- (Rupees Seven Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:26.10.2022.

Gobind Ram.

Shatrughan Kumar Sahu Vs Sahara Q Shop                                       CC/22/82

Present:       Sh. G.S. Sikka, Advocate for the complainant.

                   OPs exparte.

 

                   Arguments heard. Vide separate detailed order of today, the complaint is allowed exparte with a direction to the OPs to refund the maturity amount of Rs.52,550/- with interest @8% per annum from 08.08.2013 till the date of actual payment to the complainant within 30 days from the date of receipt of copy of order. The OPs shall further pay a composite costs and compensation of Rs.7,000/- (Rupees Seven Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:26.10.2022.

Gobind Ram.