Delhi

North East

CC/102/2022

Aakash Sharma - Complainant(s)

Versus

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

28 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

Complaint Case No. 102/22

 

 

 

In the matter of:

		Sh. Aakash Sharma S/o Sh. Sunil Kumar Sharma R/o C-1/216, C-I Block, Nand Nagri, Delhi-93		Complainant
		Versus
	1.                   2.	Saharayn Universal Multipurpose Society Ltd. ( Super BB) Registered under Multi Cooperative Societies Act, 2002, Regd. No. MSCS/CR/935/2014   Office at 195, Zone-1, in front of D.B Mall, M.P Nagar, Bhopal, Madhya Pradesh-462011   Sahara Credit Cooperative Society Ltd.(Sahara A Select) Regd. Office at Sahara India Bhawan, Kapoorthala Complex, Aliganj, Lucknow, U.P 226024		Opposite Parties
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                           DATE OF ORDER:		27.04.22 20.04.23 28.11.23

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

ORDER

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

 

 

Case of the Complainant

1. The case of the Complainant as revealed from the record is that the Complainant had made contribution in Opposite Party No.1 through 16 certificates in 2017 having membership no. 918027000114 and one certificate from Opposite Party No.2 having membership no. 925011377658. The Complainant had submitted 1 certificate of Rs. 5,000/- dated 27.03.17 vide certificate no. 085001684134 and 15 certificates of Rs. 13,000/- each vide no. 085001684135 to 085001684149 dated 27.03.17 to Opposite Party No.1. The Complainant had submitted 1 certificate no. 955011377659 of Rs. 1,00,000/- dated 22.01.21 to Opposite Party No.2. The Complainant stated the certificates have been matured one year ago and he is regularly visiting the office of Opposite Party for payment of the matured amount but Opposite Party company is delaying the payment of the above said certificates. Hence, this shows deficiency in service on behalf of Opposite Parties. Complainant has prayed to direct the Opposite Party to pay the whole amount of certificates which is around Rs. 5,00,000/-. He further prayed for Rs. 20,000/- for mental harassment and Rs. 6,000/- for cost of litigation.
2. None has appeared on behalf of Opposite Parties to contest the case despite service of notice. Therefore, both the Opposite Parties were proceeded against Ex-parte. Opposite Party No.1 was proceeded against Ex-parte vide order dated 18.10.22 and Opposite Party No.2 was 08.08.22.

Ex-parte Evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the Complainant. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Parties did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above, the complaint is allowed. As per the condition no. 10 of the terms and conditions for contribution of the Opposite Party, the maturity amount of 15 certificates of Rs. 13,000/- each is Rs. 2,99,520/-  and the maturity amount of certificate of Rs. 5,000/- is Rs. 5,260/- and the maturity amount of certificate of Rs. 1,00,000/- is 1,14,700/- as per the certificates. Therefore, the Opposite Party No.1 is directed to pay  Rs. 3,04,780/-  and Opposite Party No.2 is directed to pay Rs. 1,14,700/- to the Complainant with interest @ 9 % p.a. from the date of filing the complaint till recovery and Complainant is directed to submit all the documents required by Opposite Parties to comply this order. The Opposite Parties is further directed to pay Rs. 20,000/- jointly and severally to the Complainant on account of mental harassment and litigation cost along with interest @ 9 % p.a. from the date of this order till recovery.  

6. Order announced on 28.11.23.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Adarsh Nain) Member

(Surinder Kumar Sharma) President