Haryana

Bhiwani

cc/190/2020

Ramesh - Complainant(s)

Versus

Sahara - Opp.Party(s)

R.K Verma

11 Jun 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

                                                           

         Complaint Case No. :         190 of 2020

                                                            Date of Institution    :  18.09.2020

                                                           Date of Decision      :         11.06.2024

 

 

Ramesh son of  Sh. Ram Avtar Singh R/o Ward No.13, Near Khatiko Ka Mohalla, Old City Loharu, Tehsil and District Bhiwani.

               ..…Complainant.

 

  Versus

 

 

1.       Sahara Housing Investment Corporation Ltd., Branch Office, Bhiwani situated  inside Sahara Credit Cooperative Society Ltd., Near New Bus Stand, Bhiwani, Tehsil and District Bhiwani through its authorized person.

 

2.       Sahara Housing Investment Corporation Ltd., Regd. Office: Sahara India Bhawan, Kapoorthala Complex, Lucknow (Uttar Pardesh) registered branch office situated inside the building of branch office Sahara Credit Cooperative Society Ltd.

 

3.       Surender son of Sh. Ram Singh Patwari, R/o MRM Honda Street, Dr. Kajal Ki Gali, Vidya Nagar, Bhiwani, Tehsil and District Bhiwani (Agent/employee/authorized person of respondent no.1).

 

          .…Respondents/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. Deepanshu Tuteja, 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 as per scheme of OPs, complainant deposited Rs.16,000/- in the shape of FDR vide documents Ex.C-1.  It is stated that the Ops did not release the maturity amount despite making various efforts which as per complainant amounts to deficiency in service thereby caused her monetary loss besides mental and physical harassment. Hence, the present complaint seeking directions against the Ops to pay Rs.16,000/- to the complainant alongwith upto date interest @ 18% per annum from the date of deposit the amount till realization thereof. Further to pay Rs.10,000/- on account of compensation for harassment besides litigation expenses to the tune of Rs.11,000/-. Any other relief to which this Commission deems fit has also been sought.

2.                 Upon notice, OPs No.1 to 3 appeared through counsel but failed to file written statement despite availing many opportunities. As such, defence of these OPs were struck off vide order dated 09.05.2023.

3.                 Ld. counsel for complainant tendered in evidence affidavit of complainant as Ex. CW1/A alongwith documents Ex. C-1 to Ex. C-5 and closed the evidence on 01.04.2024.

4.                 No evidence tendered on behalf of Ops despite availing opportunities. As such, evidence of OPs was closed by Court vide order dated 08.05.2024.

5.              We have heard final arguments from both the sides and have gone through the entire record minutely.

6.                 From the record, it is evident that the complainant deposited Rs.16,000/- with OPs in the shape of FDR which as per complainant side has already matured.  The grievance of the complainant is that the OPs have not released the amount before maturity for medical purposes or after the maturity despite various efforts in this regards thus the OPs have failed to redress the genuine request of the complainant.

7.                 After hearing learned counsel for the parties and going through the record, we have observed that the OPs have no justification, to withhold the maturity amount of complainant.  Further, 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 within 40 days from the date of passing of this order:-

(i)       To pay a sum of Rs.16,000/- (Rs. Sixteen thousand) to the complainant alongwith simple interest @ 6% per annum from the date of deposit of the amount i.e. 24.04.2010 till its actual realization subject to fulfilling necessary formalities, if any.  

(ii)      To pay a sum of Rs.5,000/- (Rs. Five thousand) as compensation for harassment.

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

                    In case of default, the aforementioned all the amounts shall attract simple interest @ 7 % 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 parties 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:11.06.2024.