Punjab

Ludhiana

CC/23/200

Laxmi Devi - Complainant(s)

Versus

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

Sharwan Sehgal

14 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 200 dated 24.05.2023.                                                        Date of decision: 14.12.2023. 

Laxmi Devi Aged about 70 years Wife Shri Vishav Nath Gupta, Resident of Ward No.4, Sunhiara Mohalla, Purana Bazar, Sahnewal Kalan, Sahnewal, Ludhiana.

Mobile No.84278-59582.                                                                                                                                                                           ..…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. 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 JASWINDER SINGH, MEMBER

1.                Briefly stated, the facts of the case are that Sh. Vishav Nath Gupta, husband of the complainant was a bonafide investor of the OPs and the complainant is the nominee in the said FDRs. The complainant stated that the agent of OP3 allured Vishav Nath Gupta, the husband of the  complainant to deposit the money with the OPs and as such, he deposited a sum of Rs.41,300/-, Rs.37,050/-, Rs.11,150/-, Rs.11,050/- i.e. total Rs.1,00,550/- 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 schemes 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:-

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 17.08.2023.

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. P1 is the copy of receipt issued by Gurdwara Sahib Patshahi Chhevin and Dasvi regarding death of Vishav Nath Gupta, Ex. P2 is the copy of death certificate of Vishav Nath Gupta, Ex. P3 is the copy of Aadhar card of Vishav Nath Gupta, Ex. P4 is the copy of passbook of the complainant with Punjab National Bank, Ex. P5 is the copy of PAN card of the complainant, Ex. P6 to Ex. P8 are the copies of certificate No.517001050599 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 certificate Ex. P6 to Ex. P8 issued by the opposite parties at the time the amount of Rs.5050/- as per certificate No. 517001050599 was invested on 26.12.2017. Though the exparte evidence has gone unrebutted on the file, the certificate Ex. P6 to P8 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. C6 to Ex. P8. It has been claimed in the pleadings that the amount was invested for the maturity period of 26.04.2023 with maturity amount of Rs.22,300/-. Moreover, the complainant claimed the amount of Rs.18,500/- with maturity amount of Rs.82,600/-, the amount of Rs.17,050/- with maturity amount of Rs.74,100/- and the amount of Rs.5,050/- with maturity amount of Rs.22,100/- 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.5,050/- along with its incidental and consequential benefits with interest @8% per annum  from 26.12.2017 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.5,050/- along with its incidental and consequential benefits with interest @8% per annum  from 26.12.2017 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:14.12.2023.

Gobind Ram.