Punjab

Ludhiana

CC/23/559

Dinesh Singh - Complainant(s)

Versus

Saharayan Singh - Opp.Party(s)

07 Jun 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 559 dated 05.12.2023.                                                        Date of decision: 07.06.2024. 

Dinesh Singh Aged about 41 Years Son of Shri Baij Nath Singh, Resident of Budhewal Road, Jandiali, Ludhiana.  

Aadhar Card No.4691 0955 6357.

                                                Versus

1. Saharayn Universal Multipurpose Society Limited, Registered office at 195, Zone-1, In Front of D.B. Mall, M.P. Nagar, Bhopal, Madhya Pradesh-462011 through its Director.
2. Saharayn Universal Multipurpose Society Limited, Sahara India Pariwar, SCO 84-A, Second Floor, Sahi Majra, Mohali, Phase 5, SAS Nagar (Mohali) through its Manager. 160055
3. Sahara Q Shop Unique Products Range Limited, Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024, through its Director.                                                                         …..Opposite parties 

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

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

MS. MONIKA BHAGAT, MEMBER

COUNSEL FOR THE PARTIES:

For complainant             :         Ms. Shruti, Advocate.

For OPs                          :         Sh. Sandeep Kumar, Advocate (Right of the                                                         OPs to file written statement already                                                             extinguished vide order dated 18.04.2024)

ORDER

PER MONIKA BAHGAT, MEMBER

1.                Briefly stated, the facts of the case are that the agent of OP3 allured him to deposit the money with the OPs and as such, he deposited some amount with the OPs in the shape of FDR. The complainant stated that on the maturity of FDR, the opposite parties again lured him to get the maturity amount reinvested in their schemes in the shape of FDR for the period of 64 months, the detail of which is as under:-

On completion of period of FDR, the complainant many times contacted the opposite parties for release of FDRs amount but they prolonged the matter on one pretext or the other and finally refused to encash the FDRs. Therefore, the complainant filed the present complaint asserting that the act and conduct of the opposite parties amounts to deficiency of service and further prayed for paying the maturity amount along with interest and compensation to the tune of Rs.5,00,000/- on account of mental pain, agony and harassment etc.

2.                Upon notice, Sh. Sandeep Kumar, Advocate appeared and filed memo of appearance on behalf of the opposite parties but thereafter, failed to file regular power of attorney as well as written statement affidavit and documents despite grant of sufficient opportunity and as such, the right of the opposite parties to file written statement already extinguished vide order dated 18.04.2024.

3.                In evidence, the complainant tendered his affidavit as Ex. CA and reiterated his averments of the complaint. The complainant also placed on record Ex. C1 is the copy of passbook of Punjab National Bank, Ex. C2 is the copy of PAN Card of the complainant, Ex. C3 is the copy of certificate No. 517001050605 and closed the evidence.

4.                We have heard the counsel for the complainant and also gone through the complaint, affidavit and documents annexed by the complainant.

5.                In his affidavit Ex. CA, the complainant has reiterated the entire case as set forth in the complaint. The complainant has further proved on record Ex. C3 the copy of certificate No. 517001050605 issued by the opposite parties at the time the amount of Rs.50,300/- was invested on 28.12.2017.  Though the exparte evidence has gone unrebutted on the file, the certificate Ex. C3 reveals that the maturity amount has not been mentioned therein with date of maturity. Even rate of interest also not mentioned in the certificate Ex. C3. In these circumstances, in our considered view, it would be just and proper if the opposite parties are made to refund the invested amount of Rs.50,300/- with interest @8% per annum  from 28.12.2017 till date of actual payment along with composite costs and compensation of Rs.10,000/-.

6.                As a result of above discussion, the complaint is partly allowed exparte with an order that the opposite parties shall be jointly and severally liable to refund the invested amount of Rs.50,300/- with interest @8% per annum  from 28.12.2017 till date of actual payment. The opposite parties shall further pay a composite compensation of Rs.10,000/- (Rupees Ten Thousand only) to the complainant. Compliance of order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

(Monika Bhagat)                                (Sanjeev Batra) 

Member                                             President  

Announced in Open Commission.

Dated:07.06.2024.

Gobind Ram.