Versus
- Saharayn Universal Multipurpose Society Limited, having its registered Office at 195, Zone-1, In front of D.B. Mal, M.P. Nagar, Bhopal, Madhya Pradesh-462011 through its Chairman/President/Authorized Representative.
- Saharayn Universal Multipurpose Society Limited having its authorized centre at Sahara India Pariwar F.C. Office, 4372, Ground Floor, Swarn Complex, Gaispur Road, Lohara, Ludhiana through its Branch Manager/ Authorized Representative …..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. Ajay Chawla, Advocate.
For OPs : Exparte.
ORDER
PER JASWINDER SINGH, MEMBER
1. Briefly stated, the facts of the case are that in the month of September 2018, the agent of the opposite parties approached the complainant and allured her to deposit his 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 and induced by the repeated assurance of the opposite parties, the complainant invested a sum of Rs.50,650/- with the opposite parties and the opposite parties issued three certificates bearing No.467004487504, control No.43727302185, certificate No.467004487505, control No.43727302186, and certificate No.467004487506, control No.43727302187 having membership No.943728001516 in favour of the complainant wherein it was mentioned that the complainant would be entitled to the total maturity amount of Rs.1,77,375/- on 20.09.2021 respectively. On the completion of the maturity period, the complainant approached the opposite parties to release the agreed maturity amount along with interest but initially they kept the matter pending on one pretext and another. The agreed amount along with interest was not disbursed despite complainant’s repeated requests and visits to the office of the opposite parties. 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.50,650/- along with interest and compensation to the tune of Rs.5,00,000/- on account of mental agony, harassment and distress. The complainant also claimed litigation expenses.
2. Notice of the complaint was issued to the opposite parties through registered post on 22.07.2022 but none turned up for the opposite parties and as such, the opposite parties were proceeded against exparte vide order dated 27.09.2022.
3. In evidence, the complainant tendered her affidavit as Ex. CA and reiterated her averments of the complaint. The complainant also placed on record copy of adhar card as Ex. C1 and also tendered certificates No.467004487504, No.467004487505 and No.467004487506 issued by the opposite parties as Ex. C2 to Ex. C4 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 the copy of receipts Ex. C2 to Ex. C4 issued by the opposite parties at the time the amount of Rs.17,550/, RS.16,550/- and Rs.16,550/- respectively was invested vide receipt Ex. C2 to Ex. C4 i.e. total Rs.50,650/-. Though the exparte evidence has gone unrebutted on the file, the certificates/receipts Ex. C2 to Ex. C4 reveal that neither maturity amount nor date of maturity has been mentioned on the same. Moreover, rate of interest is also not mentioned in the receipts/certificates Ex. C2 to Ex. C4. In these circumstances, it would be just and proper if the opposite parties are directed to pay the total amount of Rs.50,650/- along with interest @8% from 20.09.2018 till date of actual payment along with composite costs of Rs.10,000/-.
6. As a result of above discussion, the complaint is allowed exparte with an order that the opposite parties shall be jointly and severally liable to pay the total amount of Rs.50,650/- along with interest @8% per annum from 20.09.2018 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:01.02.2023.
Gobind Ram.
Chander Kala Vs Saharayn Universal Multipurpose Society Ltd. CC/22/276
Present: Sh. Ajay Chawla, Advocate for complainant.
OPs exparte.
Learned counsel for the complainant closed evidence after tendering affidavit Ex. CA along with documents Ex. C1 to Ex. C4.
Arguments heard. Vide separate detailed order of today, the complaint is allowed exparte with an order that the opposite parties shall be jointly and severally liable to pay the total amount of Rs.50,650/- along with interest @8% per annum from 20.09.2018 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:01.02.2023.
Gobind Ram.
