Punjab

Ludhiana

CC/23/227

Inderpari Devi - Complainant(s)

Versus

Saharayan Universal Multipurpose Society Limited - Opp.Party(s)

Sharwan Sehgal

06 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 227 dated 09.06.2023.                                                        Date of decision: 06.10.2023. 

 

Inderpari Devi @ Lal Pari Devi aged about 48 years wife of Shri Dashrath Sah, resident of 15, Chakapir, Village Chakpir, Anchal, Baniyapur, District Sara.

Aadhar Card No.2799 7426 1284.

Mobile No.99146-26908.                                                                                                                                                                           ..…Complainant

                                                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.PIN Code 160055

                                                                                  …..Opposite parties 

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

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Ms. Shruti, Advocate.

For OPs                          :         Exparte.

 

 

 

 

 

ORDER

PER MONIKA BHAGAT, MEMBER

 

1.                Briefly stated, the facts of the case are that on the allurement of the agent of the opposite parties, the complainant deposited a sum of Rs.40,943/- with the opposite parties in the shape of FDRs. The complainant stated that on the maturity of the said FDRs, the opposite parties again lured her to get the maturity amount reinvested in their schemed in the shape of FDR. The detail of the FDRs is reproduced as under:-

Sr. No.	Certificate No.	Date of issue	Date of Maturity	Deposit Amount	Maturity amount
1.	795002427032	31.12.2016	30.4.2022	Rs.23,800/-	RS.47,600/-
2.	795002427031	31.12.2016	30.4.2022	Rs.17,143/-	Rs.34,286/-
				Total	Rs.81,886/-

 

The complainant further stated after the completion of period of FDRs, she 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.3,00,000/- on account of mental pain, agony and harassment etc.

2.                Upon notice, none appeared on behalf of the opposite parties despite service and as such, the opposite parties were proceeded against exparte vide order dated 31.08.2023.

3.                In evidence, the complainant tendered her affidavit as Ex. CA and reiterated her averments of the complaint. The complainant also placed on record Ex. C1 is the copy of residence proof of the complainant, Ex. C2 is the copy of certificate No. 795002427031 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 the copy of certificate Ex. C2 issued by the opposite parties at the time the amount of Rs.17,143/- as per certificate No. 795002427031 was invested on 31.12.2016. Though the exparte evidence has gone unrebutted on the file, the certificate Ex. C2 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. C2. It has been claimed in the pleadings that the amount was invested for the maturity period of 30.04.2022 with maturity amount of Rs.34,286/-. Moreover, the complainant claimed the amount of Rs.23,800/- with maturity amount of RS.47,600/- but he failed to prove this by any documentary evidence. 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.17,143/- along with interest @8% per annum  from 31.12.2016 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.17,143/- along interest @8% per annum  from 31.12.2016 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)          (Jaswinder Singh)             (Sanjeev Batra)

Member                         Member                              President        

 

Announced in Open Commission.

Dated:06.10.2023.

Gobind Ram.