Versus
- Saharayn Universal Multipurpose Society Limited, having its 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.
- 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. …..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 MONIKA BHAGAT, MEMBER
1. Briefly stated, the facts of the case are that in the month of May 2018, the agent of the opposite parties approached the complainant and allured him 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, he would certainly be able to have a secured financial future for himself and for his family members. Acting upon and induced by the repeated assurance of the opposite parties, the complainant invested a sum of Rs.35,700/- with the opposite parties and the opposite parties issued two certificates No.467000355202 having control No.43727301543, certificate No.467000355203, control No.43727301544 and membership No.943728001088 in favour of the complainant wherein it was mentioned that the complainant would get a maturity amount of Rs.1,26,750/- on 29.05.2021. 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 of service and further prayed for refund of the amount of Rs.37,500/- 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. 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 21.10.2022.
3. In evidence, the complainant tendered his affidavit as Ex. CA and reiterated his averments of the complaint. The complainant also placed on record copy of adhar card as Ex. C1 and also tendered certificate No.467000355202 Ex. C2, control No.43727301543 as Ex. C3, certificate No.467000355203 as Ex. C4 and control No.43727301544 as Ex. C5 issued by the opposite parties 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 receipt Ex. C2 issued by the opposite parties at the time the amount of Rs.17,150/- as per certificate No.467000355202 and Rs.18,550/- as per certificate No.467000355203 i.e. total Rs.35,700/- were invested. Though the exparte evidence has gone unrebutted on the file, the certificate/receipt Ex. C2 and Ex. C4 reveals that the maturity amount has not been mentioned therein with date of maturity. Even rate of interest also not mentioned in the receipt/certificate Ex. C2 and Ex. C4. It has been claimed that the amount was invested for the maturity period of 29.05.2021. In these circumstances, it would be just and proper if the opposite parties are directed to pay the maturity amount of Rs.35,700/- along with interest @8% from 29.05.2018 till date of actual payment along with composite costs of Rs.7,000/-.
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 maturity amount of Rs.35,700/- to the complainant along with interest @8% per annum from 29.05.2018 till date of actual payment. The opposite parties shall further pay a composite compensation of Rs.7,000/- (Rupees Seven 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:16.12.2022.
Gobind Ram.
Jai Nath Vs Saharayn Universal Multipurpose Society Ltd. CC/22/235
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. C5.
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 maturity amount of Rs.35,700/- to the complainant along with interest @8% per annum from 29.05.2018 till date of actual payment. The opposite parties shall further pay a composite compensation of Rs.7,000/- (Rupees Seven 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:16.12.2022.
Gobind Ram.
