Delhi

North

CC/452/2022

SUNITA - Complainant(s)

Versus

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

31 Mar 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. 452/2022

In the matter of

Mrs. Sunita

W/o Sh. Sukhbir Singh

R/o 226, Gali No.9, Padam Nagar

Kishan Ganj, Delhi-110007                                               ………Complainant

 

Versus

Saharayn Universal Multipurpose

Society Limited  (Super BB)

Regd. under Multi State Cooperative Societies Act,2002

Regd Office : at 195, Zone-I,

in front of D.B., M.P Nagar, Bhopal,

Madhya Pradesh-462011                                                                   …Opposite Party

 

ORDER
31/03/2023

Ms.Harpreet Kaur Charya, Member

Jurisdiction of this Commission has been invoked by Ms. Sunita, the complainant against Saharayn Universal Multipurpose Society Limited (Super BB), OP with the allegations of deficiency in services and unfair trade practice.

1. Facts as stated in the complaint are that, the complainant had deposited vide receipt No.34018232484 (scheme 2017) with Membership No.971297000650 and amount of Rs.1,00,000/-with OP .The complainant was issued Bond No.1 of Rs.1,00,000/- bearing No.467000948929 of date 29/12/2017. 
2. It has been stated by the complainant that the said bond was submitted to OP on maturity date i.e 29/12/2020.  However, despite several visits the maturity amount of Rs.1,50,000/- was not released to the complainant. 
3. Therefore, act /omission on the part of the OP to refund the maturity amount has caused extreme mental agony and harassment as the complainant is suffering from long illness.
4. Feeling aggrieved, the present complaint with the prayer for direction to OP to refund the maturity amount of Rs.1,50,000 along with interest; Rs.10,000/- as compensation on account of mental agony and harassment as well as Rs.5,000/- as cost of litigation.
5. The complainant has annexed the copy of the Bond bearing certificate No.467 000948929, Membership certificate bearing No. 971297000650 and contribution receipt bearing No. 34018232484 and receipt No. 655003596229 along with the complaint.
6. Notice of the present complaint was served upon OP, however the same was received back unserved with the endorsement that, OP had refused to accept the notice on 14/01/2023.  Since, OP had refused to accept the notice, the same was deemed to be served.  However, neither any one appeared nor any reply was filed on their behalf, hence they were proceeded Ex-parte vide order dated 2/03/2023.
7. Ex-parte evidence was filed by the complainant, where the contents of the complaint have been reaffirmed.  The complainant has got exhibited the Certificates along with Contribution receipt dated 29/12/2017 as Ex.A.  It has been stated that the complainant visited the representative of OP at their franchise office at Sabha Pur, Vivek Vihar, Delhi and requested for the refund of maturity amount, but all in vain. 
8. We have heard the submissions made by Ms. Shweta Saini, the Ld. Legal Aid Counsel, DLSA, for the complainant and have perused the material placed on record.  The complainant is aggrieved by non refund of contribution made by the complainant on 29/12/2017. As per the certificate bearing No. 467 000948929 (Ex. A), the complainant had contributed a sum of Rs.1,00,000/-, it also bears the Contribution Features. As per clause 4 of the Contribution Features, which is being reproduced here under:

4. The members 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 Members by giving a benefit on the contribution made by such member of an amount not exceeding Rs.53,600/- on the contribution of Rs.100,000/- (one Lac only) in the form of cash or cash equivalent as decided by the Board of Directors of the Society.  The amount may vary for lesser or higher contribution.

 

Therefore, it is seen that the complainant  is a member with OP and as per  clause 4 of the Contribution Features, the complainant could  withdraw the contribution after the expiry of 36 months from the date of contribution (i.e 29/12/2017) and could get a benefit of an amount not exceeding Rs.53,600/- on the contribution of Rs.1,00,000/-. It is settled principle of law that the parties are bound by the terms and conditions and commissions cannot modify/alter the terms. Therefore, the complainant is entitled to get refund of her contribution as per Clause 4.

 As OP chose not to appear despite service and has been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted. OP has failed to refund the contribution of Rs.1,00,000/- made by the complainant even after the expiry of 36 months.  This amounts to deficiency in services as well as unfair trade practice.

Therefore, in the facts and circumstances of the present complaint and in the interest of justice, we direct OP to:-

1. Refund the amount of contribution made by the complainant along with interest @9% p.a. from 29/12/2020 (being the expiry of 36 months from the date of Contribution).   
2. Pay compensation of Rs.10,000/- on account of mental agony and harassment.
3. To deposit Rs.5,000/- as cost of litigation with Delhi State Legal Services Authority.

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

 

 

(Harpreet Kaur Charya) Member

(Ashwani Kumar Mehta) Member

 

                            

 

                                    (DivyaJyotiJaipuriar)

                                                              President