Punjab

Ludhiana

CC/23/489

Renu Aggarwal - Complainant(s)

Versus

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

Mohit Kapila

10 Apr 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 489 dated 27.10.2023.                                                        Date of decision: 10.04.2024. 

 

Renu Aggarwal Wife of Sh. Arvind Rai Aggarwal, Resident of House No.B-36-387, Vikas Nagar, Pakhowal Road, Ludhiana. Mob:- 93169-13757.                                                                                                         ..…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 Chairman/President/Authorized Representative.
2. Saharayn Universal Multipurpose Society Limited having its authorized centre at Sahara India Pariwar, F.C. Office, 4372, Ground Floor, Swarn Complex, Giaspura Road, Lohara, Ludhiana through its Branch Manager/Authorized Representative.                                                                                                                                  …..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             :         Sh. Mohit Kapila, Advocate.

For OPs                          :         Exparte.

 

ORDER

PER MONIKA BAHGAT, MEMBER

 

1.                Briefly stated, the facts of the case are that the complainant being a household lady availed services of the OPs. In the month of July 2013, the agent of the opposite parties approached the complainant and allured her to deposit her savings with them representing that the opposite parties is a big company and are providing best financial services in the market and if the complainant chooses to avail their services, she would certainly be able to have a secured financial future for herself and for her family members. Acting upon the allurement and assurance of the representative of the OPs, the complainant agreed to avail their services by depositing her savings with hope of getting high returns and to secure her old age future. At that time, the representative of the OPs obtained her signatures on some blank papers. The OPs issued certificates of investment in the name of the complainant which are reproduced as under:-

Serial No.	Type of Certificate	Certificate No.	Amount	Date
1.	Star Two	795000960508	17000/-	30.08.2016
2.	Star Two	795000960509	17000/-	30.08.2016
3.	Star Two	795000960510	16000/-	30.08.2016
4.	Star Two	795000960484	19999/-	29.08.2016
5.	Star Two	795000960485	19999/-	29.08.2016
6.	Star Two	795000960486	19999/-	29.08.2016
7.	Star Two	795000960487	19999/-	29.08.2016
8.	Star Two	795000960488	19999/-	29.08.2016
9.	Star Two	795000960489	19999/-	29.08.2016
10.	Star Two	795000960490	19999/-	29.08.2016
11.	Star Two	795000960491	10007/-	29.08.2016
12.	Global	337003223485	7000/-	13.08.2018
13.	Global	337003223486	7000/-	13.08.2018
14.	Global	337003223487	7000/-	13.08.2018
15.	Global	337003223488	7000/-	13.08.2018
16.	Global	337003223497	7000/-	14.08.2018
17.	Global	337003223498	7000/-	14.08.2018
18.	Global	337003225033	7000/-	14.08.2018
19.	Star Two	795002121393	1,00,000/-	14.10.2019
20.	Star Two	795001011251	26,894/-	09.05.2016
21.	Star Two	795001011252	24,964/-	09.05.2016
		Total	4,50,858/-

 

The complainant further stated that it was mentioned that she will get an interest on investments and also issued receipts of invested payments. The complainant was to get maturity amount of more than Rs.10,00,000/- approximately on maturity but till date no amount has been paid by the OPs. The complainant further stated that she was under impression that she would get the amount along with interest. After completion of period, she approached the agent of the OPs to get refund of promised amount but they lingered on the matter on one pretext or the other. The complainant came to know that the OPs are not able to make the maturity amount due to financial difficulties and she was asked to wait for some more time but till date not a single penny has been refunded to her. The complainant requested the OPs to refund the amount as she was in need of money but to no avail. Thus the OPs have miserably failed to refund the deposited amount which the OPs were liable to refund the same along with interest @12% from the date of investment and future interest. The complainant has suffered harassment and mental agony due to negligence and carelessness of agent/authorized representative of the OPs. In the end, the complainant has prayed for issuing direction to the OPs to refund Rs.4,50,858/- along with interest as well as compensation of Rs.5,00,000/- and litigation expenses of Rs.50,000/-.

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 24.01.2024.

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 certificate No. 795000960508, Ex. C2 is the copy of contribution receipt No.034016498083, Ex. C3 is the copy of certificate No. 795000960509, Ex. C4 is the copy of contribution receipt No.034016498084, Ex. C5 is the copy of certificate No. 795000960510, Ex. C6 is the copy of contribution receipt No.034016498085, Ex. C7 is the copy of certificate No. 795000960484, Ex. C8 is the copy of contribution receipt No.034016498059, Ex. C9 is the copy of certificate No. 795000960485, Ex. C10 is the copy of contribution receipt No.034016498058, Ex. C11 is the copy of certificate No. 795000960489, Ex. C12 is the copy of contribution receipt No.0340164980584, Ex. C13 is the copy of certificate No. 795000960486, Ex. C14 is the copy of contribution receipt No.034016498057, Ex. C15 is the copy of certificate No. 795000960487, Ex. C16 is the copy of contribution receipt No.034016498056, Ex. C17 is the copy of certificate No. 795000960488, Ex. C18 is the copy of contribution receipt No.034016498055, Ex. C19 is the copy of certificate No. 795000960491, Ex. C20 is the copy of contribution receipt No.034016498061, Ex. C21 is the copy of certificate No. 795000960490, Ex. C22 is the copy of contribution receipt No.034016498060, Ex. C23 is the copy of certificate No. 337003223485, Ex. C24 is the copy of contribution receipt No.034033855204, Ex. C25 is the copy of certificate No. 337003223486, Ex. C26 is the copy of contribution receipt No.034033855205, Ex. C27 is the copy of certificate No. 337003223487, Ex. C28 is the copy of contribution receipt No.034033855206, Ex. C29 is the copy of certificate No. 337003223488, Ex. C30 is the copy of contribution receipt No.034033855207, Ex. C31 is the copy of certificate No. 337003223497, Ex. C32 is the copy of contribution receipt No.034033855237, Ex. C33 is the copy of certificate No. 337003223498, Ex. C34 is the copy of contribution receipt No.034033855238, Ex. C35 is the copy of certificate No. 337003225033, Ex. C36 is the copy of contribution receipt No.034021925929, Ex. C37 is the copy of certificate No. 793001011252, Ex. C38 is the copy of contribution receipt No.034016497996, Ex. C39 is the copy of certificate No. 793001011251, Ex. C40 is the copy of contribution receipt No.034016497995, Ex. C41 is the copy of certificate No. 795002121393, Ex. C42 is the copy of contribution receipt No.034021924624 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 her affidavit Ex. CA, the complainant has reiterated the entire case as set forth in the complaint. The complainant has further proved on record Ex. C1 copy of certificate No. 795000960508 issued by the opposite parties at the time the amount of Rs.17,000/- was invested on 30.08.2016, Ex. C3 copy of certificate No. 795000960509 issued by the opposite parties at the time the amount of Rs.17, 000/- was invested on 30.08.2016, Ex. C5 copy of certificate No. 795000960510 issued by the opposite parties at the time the amount of Rs.16,000/- was invested on 30.08.2016, Ex. C7 copy of certificate No. 795000960484 issued by the opposite parties at the time the amount of Rs.19,999/- was invested on 29.08.2016, Ex. C9 copy of certificate No. 795000960485 issued by the opposite parties at the time the amount of Rs.19,999/- was invested on 29.08.2016, Ex. C11 copy of certificate No. 795000960489 issued by the opposite parties at the time the amount of Rs.19,999/- was invested on 29.08.2016, Ex. C13 copy of certificate No. 795000960486 issued by the opposite parties at the time the amount of Rs.19,999/- was invested on 29.08.2016, Ex. C15 copy of certificate No. 795000960487 issued by the opposite parties at the time the amount of Rs.19,999/- was invested on 29.08.2016, Ex. C17 copy of certificate No. 795000960488 issued by the opposite parties at the time the amount of Rs.19,999/- was invested on 29.08.2016, Ex. C19 copy of certificate No. 795000960491 issued by the opposite parties at the time the amount of Rs.10,007/- was invested on 29.08.2016, Ex. C21 copy of certificate No. 795000960490 issued by the opposite parties at the time the amount of Rs.19,999/- was invested on 29.08.2016, Ex. C23 copy of certificate No. 337003223485 issued by the opposite parties at the time the amount of Rs.7,000/- was invested on 13.08.2018, Ex. C25 copy of certificate No. 337003223486 issued by the opposite parties at the time the amount of Rs.7,000/- was invested on 13.08.2018, Ex. C27 copy of certificate No. 337003223487 issued by the opposite parties at the time the amount of Rs.7,000/- was invested on 13.08.2018, Ex. C29 copy of certificate No. 337003223488 issued by the opposite parties at the time the amount of Rs.7,000/- was invested on 13.08.2018, Ex. C31 copy of certificate No. 337003223497 issued by the opposite parties at the time the amount of Rs.7,000/- was invested on 14.08.2018, Ex. C33 copy of certificate No. 337003223498 issued by the opposite parties at the time the amount of Rs.7,000/- was invested on 14.08.2018, Ex. C35 copy of certificate No. 337003225033 issued by the opposite parties at the time the amount of Rs.7,000/- was invested on 14.08.2018, Ex. C37 copy of certificate No. 795001011252 issued by the opposite parties at the time the amount of Rs.24,964/- was invested on 09.05.2016, Ex. C39 copy of certificate No. 795001011251 issued by the opposite parties at the time the amount of Rs.26,894/- was invested on 09.05.2016, Ex. C41 copy of certificate No. 795002121393 issued by the opposite parties at the time the amount of Rs.1,00,000/- was invested on 14.10.2019.  Though the exparte evidence has gone unrebutted on the file, these certificates reveal that the maturity amount has not been mentioned therein with date of maturity. Even rate of interest also not mentioned in these certificates. In these circumstances, it would be just and proper if the opposite parties are directed to refund the above said invested amounts along with interest @8% from the date of deposit 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 exparte with an order that the opposite parties shall be jointly and severally liable to pay the following invested amounts to the complainant along with interest @8% per annum  from the date of deposit till date of actual payment:-

Sr. No.	Certificate No.	Amount Deposited	Date of deposit
1.	795000960508 Ex. C1	17000/-	30.08.2016
2.	795000960509 Ex. C3	17000/-	30.08.2016
3.	795000960510 Ex. C5	16000/-	30.08.2016
4.	795000960484 Ex. C7	19999/-	29.08.2016
5.	795000960485 Ex. C9	19999/-	29.08.2016
6.	795000960489 Ex. C11	19999/-	29.08.2016
7.	795000960486 Ex. C13	19999/-	29.08.2016
8.	795000960487 Ex. C15	19999/-	29.08.2016
9.	795000960488 Ex. C17	19999/-	29.08.2016
10.	795000960491 Ex. C19	19999/-	29.08.2016
11.	795000960490 Ex. C21	10007/-	29.08.2016
12.	337003223485 Ex. C23	7000/-	13.08.2018
13.	337003223486 Ex. C25	7000/-	13.08.2018
14.	337003223487 Ex. C27	7000/-	13.08.2018
15.	337003223488 Ex. C29	7000/-	13.08.2018
16.	337003223497 Ex. C31	7000/-	14.08.2018
17.	337003223498 Ex. C 33	7000/-	14.08.2018
18.	337003225033 Ex. C35	7000/-	14.08.2018
19.	795001011252 Ex. C37	24,964/-	09.05.2016
20.	795001011251 Ex. C39	26,894/-	09.05.2016
21.	795002121393 Ex. C41	1,00,000/-	14.10.2019

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:10.04.2024.

Gobind Ram.