Punjab

Ludhiana

CC/23/85

Jagat Pal - Complainant(s)

Versus

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

Paramjit Singh Adv

04 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:  85 dated 01.03.2023.                                                         Date of decision: 04.09.2023. 

 

Jagat Pal aged about 61 years son of Sh. Barma Deen, r/o. H. No.9-B, St. No.1, Near Shiv Mandir, Raman Enclave, Haibowal Khurd, Ludhiana-141001. (Mobile No.98721-36781)                                                                                                                                                                ..…Complainant

                                                Versus

1. Saharayn Universal Multipurpose Society Limited, Branch Office Situated at B-1/367, Guru Nanakpura, Kailash Chownk, Civil Line, Ludhiana-141001, through its Branch Manager/Authorized person.
2. Saharayn Universal Multipurpose Society Limited, Regd. Office at 195, Zone-1, in front of D.B. Mall, M.P. Nagar, Bhopal, Madhya Pradesh-462011 through its Managing Director/Authorized person.                                                                                            …..Opposite parties 

Complaint Under Section 35 of the Consumer Protection Act.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. P.S. Chawla, Advocate.

For OPs                          :         Sh. Sandeep Kumar, Advocate (Right of the                                                         OPs to file written statement already                                                             extinguished vide order dated 14.07.2023)

                  

 

 

 

 

ORDER

PER JASWINDER SINGH, MEMBER

 

1.                Briefly stated, the facts of the case are that the opposite parties are duly registered financial institution under Multistate Co-operative Society Act, 2002. The representative of opposite party No.1 met and apprised the complainant to invest in their plan to get benefits, upon which the complainant vide membership No.927036000332  took SUPER BB plan of the opposite parties by investing Rs.95,826/- for 36 months vide receipt No.034019447184 dated 08.02.2016 and opposite parties issued certificate No.85000676216 to the complainant. In the said certificate, it was mentioned that the complainant would get a maturity amount with interest after its maturity i.e. 08.02.2019. On the completion of the maturity period, the complainant approached the opposite parties to release the agreed maturity amount but they did not respond and dilly delayed the matter on one pretext or the other. The complainant further stated that lockdown was imposed on 25.03.2020 due to which office of opposite party No.1 did not open and after removal 2^nd lockdown in May 2021, the complainant approached opposite parties on 01.06.2021 but they flatly refused to disburse the matured amount to him. Therefore, the complainant filed the present complaint asserting that the act and conduct of the opposite parties amounts to deficiency in service and further prayed for refund of the amount of Rs.95,826/- along with interest and to pay compensation to the tune of Rs.25,000/- on account of mental agony, harassment and distress. The complainant also claimed litigation expenses of Rs.11,000/-.

2.                Upon notice, Sh. Sandeep Kumar, Advocate appeared and filed power of attorney on behalf of the opposite parties but thereafter, failed to file 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 14.07.2023

3.                In evidence, the complainant tendered his affidavit as Ex. CA and reiterated his averments of the complaint. The complainant also placed on record copy of contribution receipt Ex. C1 & Ex. C2 and copy of certificate Ex. C3 issued by the opposite parties 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 receipt Ex. C3 issued by the opposite parties at the time the amount of Rs.95,826/- was invested on 08.02.2016. Though the evidence has gone unrebutted on the file, the certificate Ex. C1 reveals that the complainant invested a sum of Rs.95,826/- with the opposite parties on 08.02.2016. However, amount of maturity and date of maturity is not mentioned in certificate Ex. C3. Even rate of interest is not mentioned in the certificate Ex. C3. It has been claimed that the amount was invested for a period of 36 months. In these circumstances, it would be just and proper if the opposite parties are directed to refund the invested amount of Rs.95,826/- along with interest @8% from 08.02.2016 till date of actual payment along with composite costs of Rs.10,000/-.

6.                As a result of above discussion, the complaint is partly allowed with an order that the opposite parties shall be jointly and severally liable to pay the refund the invested amount of Rs.95,826/- along with interest @8% from 08.02.2016 to the complainant within 30 days from the date of receipt of copy of order. 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:04.09.2023.

Gobind Ram.

 

 

Jagat Pal Vs Saharayn Universal                                               CC/23/85

Present:       Sh. P.S. Chawla, Advocate for complainant.

Sh. Sandeep Kumar, Advocate for OPs. (Right of the OPs to file written statement already extinguished vide order dated 14.07.2023)

                  

                   Learned counsel for the complainant closed evidence after tendering affidavit Ex. CA along with documents Ex. C1 to Ex. C3.   

                   Arguments heard. Vide separate detailed order of today, the complaint is partly allowed with an order that the opposite parties shall be jointly and severally liable to pay the refund the invested amount of Rs.95,826/- along with interest @8% from 08.02.2016 to the complainant within 30 days from the date of receipt of copy of order. 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:04.09.2023.

Gobind Ram.