BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.
Complaint No. 97 of 2020
Date of Instt.: 21.8.2020
Date of Decision: 18.2.2021
Sanjay, age 39 years son of Sh. Munshi Ram, resident of Gulab Nagar, Cont Road, Bhiwani, Teshil and District Bhiwani.
………Complainant
Versus
- Sahara India (Sahara Credit cooperative Society Limited), Branch/Sector Office Plaza Complex, Old Bus Stand, Circular Road, Bhiwani, through Branch Manager.
- Sahara India Parivar, Area Office, 2nd Floor, SCO 84A, Sector 58, Phase 5, Shahi Maajra, Mohali through Area Manager.
- Chief Manager/Director/Chairman, Sahara India (Sahara Credit Cooperative Society Limited), Registered office, India Bhawan, 1, Kapoorthala Complex, Aliganz, Lucknow-226024.
…….Respondents.
Complaint under the Consumer Protection Act,1986.
Before: Mr. Nagender Singh, President.
Mr. Shriniwas Khundia, Member.
Present: Sh. Naveen Saini, Advocate for the complainant.
OPs already exparte (vide order dated 29.10.2020)
ORDER:-
NAGENDER SINGH, PRESIDENT
The brief facts of the present complaint, according to the complainant, are that as told by the respondent No. 1 that Sahara Credit Cooperative Society Limited is big firm in India and the complainant deposited a sum of Rs. 38,139/- with the OPs against certificate No. 105000266614 dated 15.2.2016. At the time of deposit of said amount, it was assured by the respondent No. 1 to the complainant that he will get a return of Rs. 54,539/-on 15.8.2019 as maturity amount. It is further submitted that after maturity period and to get his hard earned money, the complainant visited in the office of respondents many times, but the respondents failed to pay the deposited amount of complainant. It is averred that there is deficiency in service on the part of respondents and accordingly, the complainant seeks directions against the respondents to make the payment of Rs. 54,539/-along with interest, compensation and the litigation expenses.
2. Upon notice, the respondents failed to appear before this Forum (now Commission) and ultimately, the respondents were proceeded against exparte vide order dated 29.10.2020 passed by this Commission.
3. In the exparte evidence, the complainant has tendered into evidence affidavit Ex. PW-1/A and documents Annexure C-1 &Annexure C-2 and closed the evidence. The complainant also submitted the written arguments on dated 8.1.2021.
4. We have heard the exparte arguments of learned counsel of the complainant and have gone through the entire evidence so placed on record by the complainant very carefully and minutely.
During the course of arguments, the learned counsel of complainant reiterated the contents of complaint filed by the complainant and drawn the attention of this Commission towards the documents so placed on record by the complainant.
5. After hearing the exparte arguments of learned counsel of complainant, going through the entire case file and perusing the documents so placed on record very carefully and minutely, we come to the conclusion that the complainant had deposited an amount of Rs. 38,139/-on 15.2.2016 with the respondents. The respondents have issued a Saharyan Universal Multipurpose Society Limited certificate No. 105000266614 (Annexure C-1) under Super AB scheme of respondents in the name of complainant Sanjay on 15.2.2016. On the back of this certificate (Annexure C-1), the terms and conditions for contribution has been mentioned but these terms and conditions have not been signed by the complainant. As per this certificate (Annexure C-1), the maturity amount is Rs. 54,539/-and the maturity date is mentioned as 15.8.2019. The complainant also moved an application before the respondents on dated 20.7.2020 which is annexure C-2 for releasing the matured amount, which shows that the complainant had applied with the opposite party for release of deposited amount which was duly received by the opposite parties. Hence, by taking into consideration the said certificate (Annexure C-1) which was issued by the opposite parties to the complainant for receiving the amount on mentioned date and also taking into consideration the contents and prayer made in the complaint as well as in affidavit Ex. PW-1/A filed by complainant qua the deposit of amount with the opposite parties as true and correct and taking into consideration the fact the despite receiving the application (Annexure C-2) from complainant and further the factum that the respondents have failed to put any appearance before this Commission despite registered notice by this Commission, we are of the considered opinion that by not refunding the due amount on maturity date of the said scheme to the complainant, the opposite parties have committed deficiency in service towards the complainant. We therefore, direct the opposite parties to pay the payable due maturity amount of Rs. 54,539/- (as per the scheme of OPs) to the complainant along with 9% p.a. rate of interest from the date of final maturity of said policy i.e. 15.8.2019 till its final realization. The opposite parties are also directed to pay a sum of Rs. 3000/-to the complainant on account of mental agony, harassment etc. and Rs. 3000/-as litigation expenses for the deficiency and negligence in services that were rendered by opposite parties towards him. The above order be complied within one month from the date of receiving the copy of this order. Copies of this order be supplied to the parties free of costs. The complaint stands allowed accordingly.
File be consigned after due compliance.
Announced in open Commission
Dated: -18.2.2021
(Shriniwas Khundia) (Nagender Singh)
Member President,
District Consumer Disputes
Redressal Commission, Bhiwani.
