Punjab

Ludhiana

CC/23/236

Suresh Dass - Complainant(s)

Versus

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

Sharwan Sehgal

13 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 236  dated 13.06.2023.                                                       Date of decision: 13.10.2023. 

Suresh Das aged about 42 years Son of Shri Basudev Das, Resident of Foji Colony, Nere Gurudwara Mohara, Ludhiana.

Aadhar Card No.2899 0151 4247

Mobile No.98788-39882.

Email:

                                                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. Email:
2. Sahara Q Shop Unique Products Range Limited, Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024,         through its Director.

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.6950/- and Rs.8650/- respectively 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 him to get the maturity amount reinvested in their schemed in the shape of FDRs and the complainant was also provided joining points at that time. Every joining points was worth Rs.100/- at the time of redemption. Detail of the FDR and joining points is reproduced as under:-

The complainant further stated that he moved an application dated 30.03.2023 for premature withdrawal of FDR No.517001050648. Thereafter, 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.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 11.09.2023.

3.                In evidence, the complainant tendered his affidavit as Ex. CA and reiterated his averments of the complaint. The complainant also placed on record Ex. C1 is the copy of certificate No. 467002241407, Ex. C2 is the letter dated 30.03.2023, Ex. C3 is the postal receipt 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. C1 issued by the opposite parties at the time the amount of Rs.8650/- as per certificate No. 467002241407was invested on 19.03.2018. Though the exparte evidence has gone unrebutted on the file, the certificate Ex. C1 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. C1. It has been claimed in the pleadings that the amount was invested for the maturity period of 19.03.2021 with maturity amount of Rs.29,625/-. Moreover, the complainant claimed the amount of Rs.6950/- with maturity amount of Rs.31,300/- 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.8650/- along with its incidental and consequential benefits with interest @8% per annum  from 19.03.2018 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.8650/- along with its incidental and consequential benefits with interest @8% per annum  from 19.03.2018 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:13.10.2023.

Gobind Ram.