Punjab

Ludhiana

CC/23/425

Bindu Devi - Complainant(s)

Versus

Saharayn Universal Mult. Society Ltd - Opp.Party(s)

Sharwan Sehgal

21 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 425 dated 20.09.2023.                                                        Date of decision: 21.02.2024. 

 

Bindu Devi Aged about 48 years Wife of Shri Shambhu Nath Yadav, Resident of House No.13, City Enclave-2, Sahnewal Road, Sanghu Palace, Kohara, Ludhiana.

Aadhar Card No.4511 1320 4051.

Mobile No.98158-36505.                                                                                                                                                                  ..…Complainant

                                                Versus

  1. Sahara Credit Cooperative Society Limited, Registered office at 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

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Ms. Shruti, Advocate.

For OPs                          :         Exparte.

ORDER

PER MONIKA BAHGAT, 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.1,06,577/- with the opposite parties in the shape of FDRs. Detail of the FDR is reproduced as under:-

1.

418000383831

31.12.2018

31.12.2021

Rs.98,168/-

1,30,662/-

2.

418000383832

31.12.2018

31.12.2021

Rs.8,409/-

Rs.11,192/-

 

 

 

 

Total

Rs.1,41,854/-

 

Thereafter, the complainant many times contacted the opposite parties for release of FDR amount but they prolonged the matter on one pretext or the other and finally refused to encash the FDR. 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, none appeared on behalf of the opposite parties despite service and as such, the opposite parties were proceeded against exparte vide order dated 14.12.2023.

3.                In evidence, the complainant tendered her 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 State Bank of India, Ex. C2 is the copy of certificate No. 418000383831 Ex. C3 is the copy of certificate No. 418000383832 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. C2 the copy of certificate No. 418000383831 issued by the opposite parties at the time the amount of Rs.98,168/- was invested on 31.12.2018 having date of maturity 31.12.2021 with maturity amount of Rs.1,30,662/-, Ex. C3 the copy of certificate No. No. 418000383832 issued by the opposite parties at the time the amount of Rs.8409/- was invested on 31.12.2018 having date of maturity 31.12.2021 with maturity amount of Rs.11,192/-.  In these circumstances, in our considered view, it would be just and proper if the opposite parties are made to pay the maturity amount of Rs.1,30,662/- and the maturity amount of Rs.11,192/- along with its incidental and consequential benefits with interest @8% per annum  from 31.12.2021 and 31.12.2021 respectively 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 pay the maturity amount of Rs.1,30,662/- and the maturity amount of Rs.11,192/- along with its incidental and consequential benefits with interest @8% per annum  from 31.12.2021 and 31.12.2021 respectively 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:21.02.2024.

Gobind Ram.

 

 

 

 

 

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