Delhi

North

CC/73/2022

OM PRAKASH CHATURVEDI - Complainant(s)

Versus

SAHARAYN UNIVERSAL MULTIPURPOSE SOCIETY LTD - Opp.Party(s)

02 May 2023

ORDER

       District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No. 73/2022

In the matter of

Om Prakash Chaturvedi

S/o Shri Prabhu Nath Chaturvedi

R/o  2075, Mukimpur

Subzi Mandi, Delhi-110007                                            …       Complainant

Versus

Saharayn Universal Multipurpose Society Limited

Franchise at : A-72, Swaroop Nagar

Delhi-110042      

 

Also at :

Registered office

195 Zone, Maharana Pratap Nagar

Madhya Pradesh

Bhopal-462011

 

Also at :

Head Office

1, Kapurthala complex

Lucknow-226024 `                                                           …   Opposite Party

ORDER
02/05/2023

Ms.Harpreet Kaur Charya, Member

The present complaint has been filed under Section 35, of The Consumer Protection Act, 2019 by the complainant Sh. Om Prakash Chaturvedi against Saharayn Universal Multipurpose Society Ltd., the OP with the allegations of unfair trade practice. 

1. Fact necessary for the disposal of the present complaint are that the complainant had invested in a Star Two-64 (SUMSL) scheme in the year 2017.  As per the scheme the complainant was required to invest a total sum of Rs.30,000/- for a period of 64 months ,with maturity on completion of five years.  A contribution receipt No.034046363800 with the membership number 955402000041 was issued.

2.       The complainant visited the franchise office of OP in Swaroop Nagar on 04/02/2022 i.e. the date of maturity for the encashment of his certificate.  The complainant has alleged that he was handed over another certificate bearing No.795006223123 vide receipt No. 034046363800 informing that his money had been re-invested  for another five years. 

3.       The complainant has stated that he is a handicap person and comes from the poor strata of society and is in dire need of money, visited the OP several times but his hard earned money was  not returned. The Complainant was forced to re-invest the maturity amount.  Out of the total maturity amount of Rs.37,406/-, the complainant has received an amount of Rs.7,406/-.  Despite repeated request and personal visits the OP has not returned the amount invested by the complainant, hence the present complaint with the prayer for directions to OP to pay Rs.30,000/- along with interest @18% p.a. till realization; compensation of Rs.50,000/- on account of mental agony and physical hardship and Rs.50,000/- toward litigation and incidental expenses.

4.       The complainant has annexed the pamphlet pertaining to STAR-TWO scheme as Annexure-1, Contribution Receipt No. 034046363800 and Receipt No.655019335004 dated 20/01/2022 as Annexure-2, Certificate bearing No.795006223123 for Rs.30,000/- as Annexure-3. The complainant has also placed on record receipt dated 01/04/2010 bearing No.010585683645, a certificate bearing no.600059141734 pertaining to account No.55406700004 with payment date as 04/02/2022

5.       Notice of the present complaint served upon OP, however none appeared despite service, hence, they were proceeded ex-parte vide order dated 26/08/2022. 

6.       Ex parte evidence by way of affidavit was filed by the complainant, where the contents of the complaint have been reiterated and the complainant has relied on the document annexed with the complaint.  He has got exhibited the copy of the scheme-STAR TWO-64 (SUMSL) as Exhibit-A, copy of the contribution Receipt dated 04/02/2022 as Exhibit-B and copy of the certificate dated 04/02/2022 as Exhibit C. 

7.       We have heard the submission made by Learned Legal Aid Counsel Ms. Shweta Saini, appearing on behalf of the complainant and have perused the material placed on record.  The Complainant is aggrieved by the non- refund of the maturity amount by OP.  As per Exhibit A, the scheme was for 64 months and the complainant has also placed on record the certificate bearing no. 600059141734, as per which the maturity proceeds are Rs.37,406/-. As OP chose not to appear despite service and have been proceeded Ex-parte, the allegation made by the Complainant of forceful reinvestment of Rs.30,000/- has remained un-rebutted. The act of the OP has not only caused loss to the complainant but also deprived the complainant from his hard earned money, which amounts to deficiency in services.

Therefore, in the facts and circumstances of the present complaint we direct OP:

1. To refund Rs 30,000/- along with interest @ 6% from date of filing of the present complaint i.e. 26/03/2022 till realisation.
2. To pay Compensation of Rs. 3,000/- on account of mental agony and harassment to the complainant.
3. To deposit Litigation expenses of Rs. 5,000/- with DLSA.

The order be complied within 4 weeks from the date of receipt of this order. In case of non-compliance, the OP shall be liable to pay interest @ 9% on Rs.38,000/- (i. +ii.+ iii.) from the date of order till realisation.

Office is directed to supply the copy of this order as per rules. Order be uploaded on website. Thereafter, file be consigned to record room.

 

 

(Harpreet Kaur Charya) Member

(Ashwani Kumar Mehta) Member

 

 

 

(Divya Jyoti Jaipuriar)

                                           President