Haryana

Bhiwani

CC/48/2022

Ankita - Complainant(s)

Versus

Sahara - Opp.Party(s)

Surjeet Singh

18 Mar 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

                                                           

                    Complaint Case No. :        48 of 2022

                                                                       Date of Institution    :  09.03.2022

                                                                      Date of Decision      :        18.03.2024

 

 

Ankita Saini  D/o Sh. Jai Bhagwan Saini R/o Saini Nagar, Near Ravidass Mandir Bhiwani, Tehsil and District Bhiwani.

               ..…Complainant.

 

  Versus

 

 

1.       Sahara Q Shop Unique Products Range Ltd., Branch Office Bhiwani Town Plaza Old Bus Stand, Bhiwani Tehsil and District Bhiwani through its Sector Manager.

 

2.       Sahara Q Shop Unique Products Range Ltd., Off: Sahara India Bhawan-1, Kapoorthala Complex, Aliganj, Lucknow (U.P.) 226024 through its Manager/authorized signatory.

 

3.       Sahara Q Shop, North Office Sahara India Complex C-2,C-3 & C-4, Sector-11, Noida through its Manager/Authorized signatory.

 

 

                                                  .…Opposite Parties

 

   

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

 

                                                               

 

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-       Sh. Surjeet Singh, Advocate for complainant.

Sh. J.B. Saini, Advocate for OPs (defence struck off).

         

ORDER

 

Saroj Bala  Bohra, Presiding Member.

 

1.                 Brief facts of the present complaint are that complainant deposited Rs.29,300/- with OPs in the shape of 2 FDRs under Sahara Q Shop Scheme, out of which, 1 FDR is of Rs.4300/- and the other is for Rs.25,000/- on 14.08.2022 and 31.12.2018 respectively. The date of maturity for the FDRs was 14.08.2017 and 31.12.2018  and on such date(s) the complainant was entitled to Rs.68,955/- i.e. Rs.10,105/- and Rs.58,850/-. So, on the maturity date, complainant approached OP No.1 for release of the amount but it was not released despite various requests and visits. Hence, the present complaint has been preferred by alleging mental agony and physical harassment as well as monetary loss to the complainant, and to issue directions to OPs to release the amount of Rs.68,955/- alongwith interest @ 18% per annum from the date of maturity till its realization. Further to pay Rs.50,000/- on account of compensation for harassment besides Rs.22000/- as costs of litigation. Any other relief to which this Hon’ble Commission deems fit has also been sought.

2.                 Written statement and power of attorney was not filed on behalf of OPs despite availing last opportunity. So, defence of Ops was struck off by the Commission vide order dated 11.04.2023.

3.                 On behalf of complainant, her affidavit Annexure CW1/A alongwith documents Annexure C-1 to Annexure C-9 have been tendered in evidence and then closed the evidence.

4.              No evidence tendered on behalf of OPs rather it was closed by giving a statement dated 11.03.2024 by their counsel.

5.              Arguments heard. Record perused carefully.

6.                 The complainant being a member of the OPs society deposited Rs.29,300/- with OPs in the shape of two FDRs of Rs.4300/- and Rs.25,000/- bearing account no.0/821982001990 and 0/821983001056  (Annexure C-1 & Annexure C-2) respectively and on the date of maturity, complainant was entitled to Rs.10,105/- and Rs.58,850/-. The grievance of the complainant is that the OPs have not released the maturity amount despite the fact that  she visited the office of OPs several times asking them to release the maturity amount, but the OPs have failed to redress the genuine request of the complainant.

7.                 From the record, it is clear that aforesaid amount was deposited by complainant with OPs vide Annexures C-1 to Annexure C-2 but the matured amount thereof was not paid by the OPs to the complainant. The OPs have no justification, to withhold the maturity amount of the complainant. We are of the considered view that the OPs have utterly failed to perform their part of obligations.  It is pertinent to mention here that the OPs, even after the filing of this complaint and during the pendency of this complaint, have not shown any interest to release the maturity amount to the complainant.  In view of the aforesaid discussion, we conclude that there has been lapse and deficiency on the part of the OPs while delivering services to the complainant which has caused mental and physical harassment to the complainant as well as monetary loss. Hence the complaint is allowed and OPs, jointly and severally, are directed to comply with the following directions with 40 days from the date of passing of this order:-

(i)       To pay a sum of Rs.68,955/- (Sixty eight thousand nine hundred fifty five) to the complainant alongwith simple interest @ 9% per annum from the date of filing of this complaint till its actual realization subject to fulfilling necessary formalities, if any.  

 

(ii)      To pay a sum of Rs.10,000/- (Rs. Ten thousand) as compensation for harassment.

 

(iii)     Also to pay Rs.5500/- as litigation expenses.

                              In case of default, the aforementioned all the amounts shall further attract simple interest @ 12% per annum for the period of default.

                              Further, if this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Copies of this order be sent to the parties concerned, free of costs, as per rules.  File be consigned to the record room after due compliance. 

Announced.

Dated:18.03.2024