Punjab

Ludhiana

CC/23/455

Geeta Devi - Complainant(s)

Versus

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

Sharwan Sehgal

01 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 455 dated 10.10.2023.                                                        Date of decision: 01.03.2024. 

Geeta Devi Aged about 49 years wife of Shri Hareram Yadav, Resident of Noorpur, Janaupur, Billia, Uttar Pradesh.    

Aadhar Card No.7377 3215 9156.

Mobile No.70876-90153.                                                                                                                                                                                     ..…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 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 Sethi, Advocate.

For OPs                          :         Exparte.

ORDER

PER MONIKA BAHGAT, MEMBER

1.                Briefly stated, the facts of the case are that Sh. Hare Ram Yadav, husband of the complainant was a bonafide investor of the OPs, who died on 09.12.2021. The complainant was nominee in the FDR with the OPs. The complainant stated that the agent of OP3 allured her husband to deposit the money with the OPs and as such, he deposited some amount in the shape of FDR. When the  said FDRs got matured, the OPs again lured him to get maturity amount invested in schemes of OP1 and OP2 in the shape of FDRs and the complainant was also provided joining points at that time. Every joining point was worth Rs.100/- at the time of redemption. Detail of the FDR and joining points is reproduced as under:-

Thereafter, Sh. Hare Ram Yadav as well as 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.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 12.01.2024.

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 Death Certificate of Hare Ram Yadav, Ex. C2 is the copy of Aadhar Card of hare Ram Yadav, Ex. C3 is the copy of PAN Card of Hare Ram Yadav, Ex. C4 is the copy of Aadhar Card of the complainant, Ex. C5 is the copy of Identity Card of the complainant with SBI- KIOSK Banking, Ex. C6 is the copy of PAN Card of the complainant, Ex. C7 is the copy of certificate No. 467004487511, Ex. C8 is the copy of certificate No. 517000139949 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. C7 the copy of certificate No. 467004487511 issued by the opposite parties at the time the amount of Rs.54,400/- was invested on 20.09.2018 and Ex. C8 the copy of certificate No. 517000139949 issued by the opposite parties at the time the amount of Rs.4,000/- was invested on 07.11.2017.  Though the exparte evidence has gone unrebutted on the file, the certificate Ex. C7 and Ex. C8 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. C7 and Ex. C8. It has been claimed in the pleadings that the amount of Rs.54,400/- was invested for the maturity period of 20.09.2021 with maturity amount of Rs.2,00,100/- and the amount of Rs.4,000/- was invested for the maturity period of 07.03.2023 with maturity amount of Rs.8,000/- but she 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.54,400/- and amount of Rs.4,000/- along with its incidental and consequential benefits with interest @8% per annum  from 20.09.2018 and 07.11.2017 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 to refund the invested amount of Rs.54,400/- and amount of Rs.4,000/- along with its incidental and consequential benefits with interest @8% per annum  from 20.09.2018 and 07.11.2017 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:01.03.2024.

Gobind Ram.