Delhi

North East

CC/44/2021

Mrs. Ragini Saxena - Complainant(s)

Versus

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

23 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. 44/21

 

In the matter of:

 

	Mrs. Ragini Saxena W/o Sh. Mahender Kumar Saxena R/o   D 109A, St. No. 3, Bhajanpura, Delhi-110053	Complainant
	Versus
	Saharayn Universal Multipurpose Society Ltd. Through its Director D 57/1, Main Yamuna Vihar Road, Adarsh Market, North Ghonda, Delhi-110053	Opposite Party

 

DATE OF INSTITUTION:   JUDGMENT RESERVED ON:  DATE OF ORDER:

16.03.21 13.03.23 23.11.23

CORAM:

Surinder Kumar Sharma, President

Adarsh Nain, Member

ORDER

Ms. Adarsh Nain, 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 is that the Complainant was allegedly enticed to put her money in Sahara Special Super BB Scheme of Opposite Party in 2017 which was for 36 months but it was not mentioned in the certificates. The Complainant deposited amount of Rs. 62,350/- in total on 27.12.17 and Opposite Party issued3 different certificates to Complainant. The details of the said certificates are as under:-

S.No.	Certificate No.	Receipt No.	Deposit Amount	Date of Deposit
	467000946916	34019260765	Rs. 27,450/-	27.12.17
	467000946917	34019260766	Rs. 17,450/-	27.12.17
	467000946918	34019260767	Rs. 17,450/-	27.12.17
		Total	Rs. 62,350/-

2. On 04.07.19 Complainant and her husband visited Opposite Party and deposited all original certificates to initiate the refund process. The Opposite Party assured that matured amount will be credited in her account within 30 days but the amount was not credited in her account. The Complainant stated that after 30 days Yogesh kumar, sector worker having code 183811612 refused to released the matured amount and threatened Complainant. The Complainant had written e-mail on 10.02.20 demanding matured amount and Opposite Party sent reply to husband of Complainant stating that cheque is ready vide email dated 15.02.20. When Complainant reached to receive cheque stated in email dated 15.02.20 Opposite Party failed to give cheque to Complainant. The Complainant had sent demand letter through speed post dated 17.02.21 but all in vain. The Complainant had also sent legal notice dated 07.03.20 to Opposite Party but of no use. Hence, this shows deficiency in service on behalf of Opposite Party. Complainant has prayed to refund a sum of Rs. 62,350/- along with interest @ 11 % from the date of payment till the date of realization and Rs. 1,00,000/- for mental harassment. She further prayed for Rs. 21,000/- towards cost of litigation.

Case of the Opposite Party

3. The Opposite Party contested the case and filed its written statement taking preliminary objection that the Complainant is not consumer on the ground that Opposite Party is a Society and the complaint is not maintainable before this Commission as the activities of the society do not fall within the definition of service under consumer Act. On merits, it is contended by the Opposite Party that the details given by the Complainant about her deposited amount with the Opposite Party is a matter of record and Complainant must be put to strict proof of her claims and the Complainant is not entitled to any relief. It is also alleged that the payment of maturity amount could not be done due to Complainant’s insistence for the additional interest on maturity amount which was illegal. It is submitted by the Opposite Party that as per the terms and conditions of Sahara Super BB Scheme under clause Maturity, it is clearly provided that after completion of 36 months from the date of opening the account, member shall be paid maturity along with interest as per the account settlement chart and no additional interest would be paid on maturity amount. It is contended that under the scheme no additional interest was payable over maturity amount if the maturity is taken after the scheduled period while the Complainant was insisting for the additional interest. The Opposite Party society never refused or denied to make the payment.It is prayed that the complaint be dismissed.

Rejoinder to the written statements of Opposite Party

4. The Complainant filed rejoinder to the written statement of Opposite Party wherein the Complainant has denied the objection raised by the Opposite Partyand has reiterated the assertion made in the complaint.

Evidence of the Complainant

5. The Complainant in support of her complaint filed her affidavit wherein she has supported the averments made in the complaint.

Evidence of the Opposite Party

6. Despite giving several opportunities to Opposite Party to file evidence, Opposite Party failed to file the evidence. Therefore, the evidence of Opposite Party was closed vide order dated 10.10.22.

Arguments and Conclusion

7. We have heard the Ld. Counsel for the Complainant and we have also perused the file. The case of the Complainant is that the Complainant put her money in Sahara Special Super BB Scheme of Opposite Party in 2017 which was for 36 months but it was not mentioned in the certificates. It is submitted that the Complainant deposited amount of Rs. 62,350/- in total on 27.12.17 and Opposite Party issued 3 different certificates to Complainant. The grievance of the Complainant is that despite repeated demands made, the Opposite Party company did not release any of the maturity amount Hence, this shows deficiency on the part of Sahara Credit Cooperative Society Ltd.
8. The perusal of record reveals that the Complainant has filed photocopies of the subject certificates issued by the Opposite Party in support of her case which mentions only the respective amount paid by the Complainant, however, the respective maturity amount has not been mentioned in the certificates.
9. It is to be noted that the Complainant states in her complaint and the pleadings that the deposit was made for 36 months and the Complainant prays for refund of total deposited amount i.e. Rs. 62,350/- along with interest @    11 % from the date of payment which is 27.12.17 in all the three certificates. The allegation of the Complainant is that the Opposite Party has not paid the said matured amount.
10. As Opposite party has failed to file their evidence in support of their version, we are left with no option except to believe the version of the Complainant which is testified on oath. Moreover, in their reply, the Opposite Party have not denied to have issued such certificates to the Complainant saying that same is matter of record. The Opposite Party has only asked the Commission to require the Complainant to prove the same which implies that Opposite Party does not have something concrete to dispute the subject certificates.
11. It is to be noted that the Opposite Party has raised the objection that the complaint was not maintainable as per the provisions of the Co-operative Act and also there is not relationship of Consumer with the Complainant. However, the Opposite Party has not led any evidence in support of their case.
12. In view of above discussion and the unrebutted and uncontroverted testimony of the Complainant regarding the deficiency of services on the part of OP, we are of the considered view that the Opposite party has been deficient in services by not providing the satisfactory services to the Complainant. The Opposite Party is also liable for unfair trade practices as they have issued certificates without mentioning the date of maturity and maturity amount.
13. Therefore, the complaint is allowed and Opposite Party is directed to refund the deposited amount of Rs. 62,350/- along with interest @ 11 % from the date of payment which is 27.12.17 till recovery, on submission of original certificates by the Complainant to the Opposite Party. The Opposite Party shall also pay an amount of Rs. 25,000 /- to the Complainant as compensation and 10,000/- on account of litigation expenses along with interest @ 9 % p.a. from the date of this order till its recovery. 

14. Order announced on 23.11.23.

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

File be consigned to Record Room.

(Adarsh Nain)      Member

(Surinder Kumar Sharma) President