Haryana

Charkhi Dadri

CC/239/2022

Vidyanand - Complainant(s)

Versus

Saharayn Universal Multipurpose Society Ltd. through its Sector Manager - Opp.Party(s)

Sh. Sachin Maratha

23 Oct 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                          Complaint Case No. 239 of 2022

                                                         Date of Institution: 10.11.2022

                                                          Date of Decision      23.10.2024      

 

Vidyanand son of Paramand, resident of village Ghasola, Tehsil & District Charkhi Dadri.9812894585

                                                                   ….Complainant.

Versus

1. Sector Manager, Saharayn Universal Multipurpose Society Limited, near Rose Garden, above Dr. Goyal Dental Clinic, Charkhi Dadri, Tehsil and District Charkhi Dadri.
2. Regional Manager, Saharayn Universal Multipurpose Society Limited, Sector 15A, Camry road, near Royal Bar, Hisar-125001.
3. Area Manager, Saharayn Universal Multipurpose Society , SCO-84A, Second Floor, Sahara India, Phase-5, Sector-58, Mohali (Punjab).
4. Saharayn Universal Multipurpose Society Limited, Registered Office, 195, Zone 1, In front of DB Mall, MP Nagar, Bhopal, Madhya Pradesh-462011, through its MD/CEO

 

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          COMPLAINT UNDER THE CONSUMER PROTECTION ACT.

 

 

Before: -     Hon’ble Sh. Manjit Singh Naryal, President

                   Hon’ble Sh. Dharam Pal Rauhilla, Member.

 

Present:      Sh. Sachin Maratha, Adv. for complainant.

                   OP no.1,3&4 already exparte vide order dt.30.04.2024.

                   OP no.2 given up vide order dt.28.03.2024.

 

ORDER:-

 

1.                 Sh. Vidyanand (hereinafter referred to as “the complainant”) has filed the present complaint against the opposite parties (hereinafter referred to as “the OPs) with the averments that the complainant got deposited/invested certain amount in Super BB certificates, details of which is given below.

 

Super BB Certificates No.	Date of opening	Date of Maturity	Maturity amount including joining points
467003685986	29-09-2018	29.09.2021	Rs.6,55,846/-

It is averred that despite making several complaints and visits, the OPs failed to make the payment of maturity amount of said FDs to the complainant. It is also averred that there is deficiency in service on the part of the OPs. Accordingly, the complainant seeks directions against the OPs to pay the total maturity amount of Rs. 6,55,846/- along with agreed rate of interest, compensation and the litigation expenses besides any other relief, to which the complainant is found entitled.

2.                Notices were sent to the respondents through registered post. After the statement given by the complainant, the respondent No. 2 has been given by this Commission vide order dated 28.03.2024. However, the respondent Nos. 1, 3&4 have been proceeded against exparte by this Commission vide order dated 30.04.2024 because they (respondent Nos. 1, 3&4) failed to put any appearance before this Commission.

3.                Both the parties in support of their respective case tendered in documentary evidence their respective affidavits and adduced certain documents. Reference of relevant record shall be given in this order.

4.                     We have heard both the counsel for the complainant and gone through the case file thoroughly and after hearing the rival contentions of complainant, we are of the convinced view that the present complaint has merit and the same deserves acceptance for the reasons mentioned hereinafter.

5.               We have observed that by filing her affidavit (Ex. CW-1/A), the complainant corroborated the contents of her complaint as true and correct, and further placed on record certificate of Super BB scheme (Ex. C-1) with other documents bearing same certificate numbers whereby the complainant was enrolled with joining points which could be redeemed after a specific period of time of 36 months. Accordingly maturity/redemption date arrives at 28.09.2021 after completion of 36 months from the date of deposit i.e. 29.09.2018. These Certificates are bearing Nos. 467003685986 (Ex. C-1). On perusal of aforementioned certificates, we have observed that on investing the amount of Rs. 2,00,000/-on 29.09.2018 (vide certificate Ex. C-1), the complainant was enrolled with and was entitled for redemption of 2736 joining points.

6.            We have observed that the aforementioned certificates (Ex. C-1) have been issued in the name of complainant under the said scheme of Super BB. We have perused the said certificates and term and conditions thereof. As per condition No. 4 of the Super BB scheme as mentioned on the back side of certificates, “the member shall be free to withdraw his/her contribution any time after the expiry of 36 months from the date of payment of the contribution. In such a case, the society may compensate the Member by giving a benefit on contribution made by such Member of an amount not exceeding Rs. 53,600/-on a contribution of Rs. 1,00,000/-in the form of cash of cash equivalent products” . However, on the back side of same number bearing certificates, it is also mentioned that “One joining point may be calculated as Rs. 100/-” which means that the member/complainant shall be free to redeem his/her accumulated joining times after expiry of 36 months from the date of joining and hence, would be entitled for 100 x Joining Points of each certificate on expiry of 36 months from the date of joining.

7.                From the unrebutted evidence of complainant produced in the form of certificates (Ex. C-1) and corroborated by affidavit (Ex. CW-1/A) filed by complainant, it is established that by not refunding the deposited amount on maturity date of the said scheme to the complainant, in terms and conditions of the said scheme the OP no.1,3&4 have acted in a deficient and negligent manner towards the complainant.

8.                Resultantly, in the light of above facts and documents placed on record, the present complaint is allowed. We hereby direct the OP no.1,3&4 to pay the said maturity/redeemed amount/accrued as per said scheme of OPs Rs.4,73,600/- (Rs. 2,00,000/- cash deposited plus Rs. 2,73,600/- towards redeemed amount of 2736 joining points vide certificate no. 467003685986) to the complainant along with 6% p.a. rate of interest from the date of final maturity i.e. after expiry of 36 months of investment/payment of contribution as per scheme i.e. with effect from 30.09.2021 till realization of final payment.

9.         The OP no.1,3&4 are also directed to pay a sum of Rs. 2000/- (Rupees Two Thousand Only) on account of mental agony, harassment etc. and Rs. 2000/- (Rupees Two Thousand Only) as litigation expenses to the complainant.

10.        The above order be complied within 45 days from the date of receiving the copy of this order failing which further interest @9% will be paid by the OP no.1,3&4 for the delayed period..

11.              If the order of this Commission is not complied with, then the complainant shall be entitled to file execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the OP no.1,3&4 may also be liable for prosecution under Section 72 of the said Act which provides punishment of imprisonment for a term which shall not less than one month, but which may extend to three years or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to Rs. one lac or with both. Copies of this order be sent to the parties free of costs as per rules and this order be promptly uploaded on the website of this Commission. File be consigned to the record room after due compliance