Punjab

Ludhiana

CC/24/586

Sanjay singh - Complainant(s)

Versus

Saharayn Universal Multipurpose Society Limited - Opp.Party(s)

Sharwan Sehgal

09 Dec 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                             Consumer Complaint No: 586 dated 03.05.2024.                              Date of decision: 09.12.2024. 

Sanjay Singh Aged About 41 Years son of Shri Shiv Shankar, Resident of  Kohara, Ludhiana.

Aadhar Card No.6363 7074 7183.

Mobile No.89687-99148. Email:

                                                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.
2. Saharayn Universal Multipurpose Society Limited, Sahara India Pariwar, SCO 84-A, Second Floor, Sahi Majra, Mohali, Phase 5, SAS Nagar (Mohali) through its Manager.
3. Sahara Q Shop Unique Products Range Limited, Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024, through its Director.                                                                          …..Opposite parties 

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 the agent of OP3 allured him to deposit the money with the OPs and as such, he deposited some amounts 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, which could be redeemed after 36 months. Detail of the FDRs and joining points is reproduced as under:-

The complainant further stated that he 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 02.09.2024.

3.                In evidence, the complainant tendered his affidavit as Ex. CA and reiterated his averments of the complaint. The complainant also placed on record documents i.e. Ex. C1 is the copy of passbook of State Bank of India, Ex. C2 is the copy of PAN Card of the complainant, Ex. C3 is the copy of certificate No. 467000922860, Ex. C4 is the copy of certificate No. 467000922859 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. C3 the copy of certificate No. 467000922860 issued by the opposite parties at the time the amount of Rs.21,600/- was invested on 16.02.2018, Ex. C4 the copy of certificate No. 467000922859 issued by the opposite parties at the time the amount of Rs.14,250/- was invested on 16.02.2018.  Though the exparte evidence has gone unrebutted on the file, the certificate Ex. C3 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 certificate Ex. C3 and Ex. C4. It has been claimed in the pleadings that the amount of Rs.14,250/- was invested for the maturity period of 16.02.2021 with maturity amount of Rs.46,725/- and the amount of Rs.21,600/- was invested for the maturity period of 16.02.2021 with maturity amount of Rs.73,250/-. 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.21,600/- and amount of Rs.14,250/- along with its incidental and consequential benefits with interest @8% per annum  from 16.02.2018 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.21,600/- and amount of Rs.14,250/- along with its incidental and consequential benefits with interest @8% per annum  from 16.02.2018 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:09.12.2024.

Gobind Ram.