BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 156 of 2022
Date of Institution: 10.03.2022
Date of Decision: 19.01.2023.
Punit Arora aged about 38 years son of Sh. Dharampal Arora, resident of 154, Sector-20, HUDA, Sirsa, Tehsil and District Sirsa. ………Complainant.
Versus
1. Saharayn Universal Multipurpose Society Ltd. i.e. one of branch of Sahara India Pariwar, Branch located at adjoining Jyani Hospital, Near State Bank of India Main Branch, 2nd Floor, Sirsa, Tehsil and Distt. Sirsa through its Branch Manager.
2. Saharayn Universal Multipurpose Society Ltd. (Regd.), regd. office at 195, Zone-1 in front of DB Mall, M.P. Nagar, Bhopal, MP-462011 through its Chairman/ President/ authorized person.
……… Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR………. PRESIDENT
SMT. SUKHDEEP KAUR……………..MEMBER
SH. OM PARKASH TUTEJA… ……….MEMBER
Present: Sh. Subhash Chander, Advocate for complainant.
Opposite parties already exparte.
ORDER
This complaint has been filed by complainant against the opposite parties seeking payment of Rs.4,00,000/- as maturity amount alongwith interest besides compensation for harassment and litigation expenses from ops.
2. In brief, the case of complainant is that opposite parties allured the complainant to invest money with their company on the assurances that they are paying rate of interest on FDRs more than the market rate of interest. The ops got invested amount of Rs.2,00,000/- in Sahara Schemes from complainant vide receipt No.34019180744 to 34019180747 dated 15.05.2016 of Rs.50,000/- each. The ops and its agent disclosed him that in this scheme he can withdraw his amount alongwith agreed rate of interest i.e.11% compoundable interest after minimum period of 18 months and maximum term was fixed as 64 months and maturity value was Rs.4,00,000/- on the date of maturity i.e. on 15.01.2022. It is further averred that complainant approached the ops to withdraw his maturity amount of four FDRs i.e. amount of Rs.4,00,000/- but they refused to accept the request and refused to admit the claim of complainant. That at the time of deposit of amount, the ops never explained anything about the alleged society nor explained about joining the society. The complainant never agreed to become the member of any society rather the ops received the amount and deposited with them and issued these receipts only. That the total amount deposited by complainant with the ops is still lying with the ops and complainant alongwith his family members and friends visited the op no.1 on many occasions but they failed to make the payment and are lingering the matter on one pretext or the other. There is deficiency in service and unfair trade practice on the part of opposite parties. Hence, this complaint.
4. On notice, initially opposite parties appeared through counsel and sought opportunities for filing written version but despite availing several opportunities including last opportunity, ops failed to file any written version and ultimately opted to be proceeded against exparte.
5. Complainant has tendered his affidavit Ex.C1 and copies of receipts/ certificates Ex.C2 to Ex.C5 and copy of pass book Ex.C6.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. The complainant in order to prove his case has furnished his affidavit Ex.C1 in which he has reiterated all the contents of his complaint. The receipts/ certificates Ex.C2 to Ex.C5 reveals that on 15.09.2016 complainant deposited total amount of Rs.2,00,000/- with the ops i.e. Rs.50,000/- in each certificate. According to the complainant on maturity of the amount on 15.01.2022, he was entitled to receive an amount of Rs.4,00,000/- from ops but however, ops after maturity of amount have failed to refund the maturity amount to the complainant. The ops despite appearance have failed to file any written version and ultimately opted to be proceeded against exparte. Therefore, the pleadings as well as evidence led by complainant remained unchallenged and unrebutted. There is nothing on file to disbelieve the version of complainant and that he is not entitled to the claimed maturity amount of Rs.4,00,000/- from ops. Non payment of amount of complainant clearly amounts to deficiency in service as well as unfair trade practice on the part of ops.
8. In view of our above discussion, we allow this complaint and direct the opposite parties to pay the amount of Rs.4,00,000/- alongwith interest @6% per annum from the date of maturity till actual realization to the complainant. We also direct the ops to further pay a sum of Rs.5000/- as composite compensation for harassment and litigation expenses to the complainant. The ops are liable to comply with this order within a period of 45 days from the date of receipt of copy of this order, failing which complainant will be at liberty to initiate proceedings under Section 71/72 of the Consumer Protection Act, 2019 against the ops. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced: Member Member President,
Dated: 19.01.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
