Delhi

North East

CC/448/2022

Sachida Nand Sharma - Complainant(s)

Versus

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

12 Jun 2024

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. 448/22

 

In the matter of:

 

 

		Sh. Sachida Nand Sharma, S/o Sh. Girdhari Lal, R/o 125A, St. No. 07, D Block, Dayal pur, Delhi-110094		Complainant
		Versus
		Saharayn Universal Multipurpose Society Ltd. ( Star two) Regd. Under Multi Star Cooperative Societies Act, 2002, Regd. No. MSCS/CR/935/2014 Regd. Office at 195, Zone 1, In front of D.B Mall, M.P Nagar, Bhopal, Madhya Pradesh 462011   &   Saharayn Universal Multipurpose Society Ltd. (Super BB) Regd. Under Multi Star Cooperative Societies Act, 2002 Regd. No. MSCS/CR/935/2014 Regd. Office at 195, Zone 1, In front of D.B Mall, M.P Nagar, Bhopal, Madhya Pradesh 462011		Opposite Parties
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                           DATE OF ORDER:		16.12.22 27.05.24 12.06.24

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

 

ORDER

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against Opposite Party alleging deficiency in services.

Case of the Complainant                                                                 

1. The case of the Complainant as revealed from the record is that the Complainant had submitted the following amounts/bonds in the Opposite Party (Star two):-
2. Bond No.1 of Rs. 30,000/- vide certificate/bond No. 795000150915, receipt no. 34015114120, having membership no. 971296000029, dated 07.01.16 and the date of maturity was 07.05.21. The said bond was deposited as fixed deposit for a period of 64 months and the maturity amount was Rs. 60,000/-.
3. Bond No.2 of Rs. 16,000/- vide certificate/bond No. 795000954568, receipt no. 34019268535, having membership no. 971296000029, dated 23.05.16 and the date of maturity was 23.09.21. The said bond was deposited as fixed deposit for a period of 64 months and the maturity amount was Rs. 32,000/-.
4. Bond No.3 of Rs. 40,000/- vide certificate/bond No. 795000150916, receipt no. 34015114121, having membership no. 971296000029, dated 07.01.16 and the date of maturity was 07.05.21. The said bond was deposited as fixed deposit for a period of 64 months and the maturity amount was Rs. 80,000/-.
5. The Complainant also stated that he had also submitted the following amounts/bonds in the Opposite Party (Super BB):-
6. Bond No.1 of Rs. 36,500/- vide certificate/bond No. 467000157907, receipt no. 34022305262, having membership no. 971296001230. The said bond was deposited as fixed deposit for a period of 36 months and the maturity amount was of Rs. 54,750/-.
7. Bond No.2 of Rs. 10,000/- vide certificate/bond No. 467000157935, receipt no. 34018232119, having membership no. 971296001230 dated 27.11.17. The said bond was deposited as fixed deposit for a period of 36 months and the maturity amount was Rs. 15,000/-.
8. The Complainant stated that he continuously visited the office of Opposite Party for his compensation amount but Opposite Party had been delaying for the payment of the said policy. Hence, this shows deficiency in service on behalf of Opposite Party. The Complainant has prayed for the whole amount of policies i.e. Rs. 2,41,750/- in total along with interest. The Complainant also prayed for an amount of Rs. 10,000/- on account of mental harassment and Rs. 5,000/- on account of litigation expenses.  
9. None has appeared on behalf of Opposite Party to contest the case despite service of notice. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 03.03.23.

 

 

Ex-Parte Evidence of the Complainant

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

Arguments & Conclusion

11. We have heard the AR for the Complainant. We have also perused the file and the written arguments filed by the Complainant. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
12. In view of the above, the complaint is allowed.  The Opposite Party is directed to pay an amount of Rs. 2,41,750/-  (in total) as per the point no.10 of the terms and conditions for contribution of Opposite Party (Star two) and point no.04 of the contribution features of Opposite Party (Super BB) respectively  with interest @ 9 % p.a. from the date of filing the complaint till recovery after receiving the original certificates from the Complainant. The Opposite Party is further directed to pay Rs. 10,000/- to the Complainant on account of mental harassment and   Rs. 5,000/- towards litigation expenses along with interest @ 9 % p.a. from the date of this order till recovery.

 

13. Order announced on 12.06.24

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

File be consigned to Record Room.

 

(Anil Kumar Bamba)            Member

(Surinder Kumar Sharma) President