Punjab

Faridkot

CC/21/25

Kaushalaya Devi - Complainant(s)

Versus

Sahyog Credit Co-operative Society - Opp.Party(s)

Charanjit Sidana

28 Jul 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FARIDKOT

C.C. No. :               25 of 2021

Date of Institution:   25.01.2021

Date of Decision :    28.07.2022

 

Kaushalaya Devi aged about 55 years wife of Manjit Singh son of Santokh Singh, resident of Baba Deep Singh Nagar, Faridkot, District Faridkot.

                                               .......Complainant

Versus

1. Sahyog Credit Co-operative Society Ltd., Near Guru Gobind Singh Medical College & Hospital, Faridkot through Manager.
2. Ramandeep Sharma, c/o Sahyog Credit Co-operative Society Ltd., Near Guru Gobind Singh Medical College & Hospital, Faridkot.
3. Head, Sahyog Credit Co-operative Society Ltd., Street No.3-4, Circular Road, First Floor, Above State Bank of India, Abohar-152116.

                     .......Opposite Parties

Complaint under Section 35 of the

Consumer Protection Act, 2019

 

 

 

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Quorum:     Smt Param Pal Kaur, Member.

                     Sh Vishav Kant Garg, Member.

 

Present:      Sh Charanjit Sidana, Ld Counsel for complainant,    

                  OPs Exparte.

 

(ORDER) 

( Param Pal Kaur, Member)

                                        Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against OPs seeking directions to OPs to pay back Rs.31,000/-alongwith interest and to pay Rs.50,000/-as compensation for mental agony and harassment and financial loss to complainant besides litigation expenses of Rs.25,000/-.

2                                                       The brief facts of the present complaint are that complainant is a house wife and she does stitching work to bring up her family. She got opened saving account with OP-1 having number 5421772, customer ID No.47162, Member Ship No.15089 and as per rules, on every deposit, OPs issued receipt on passbook for deposition of amount. She deposited her hard earned money of Rs.31,000,/- with OPs by stitching clothes till 27.02.2020 and

 

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all entries are reflected on her passbook and it was duly confirmed and signed by concerned employee of OP-2.

3                                    It is alleged that on 28.12.2020, she was in need of money and therefore, she approached OP-2 and submitted that she wanted to withdraw the money and to close her account. On demand of OP-2, complainant handed over her pass book and then, OP-2 took signatures of complainant on some blank vouchers bearing no.210720 and 210721 and assured her that money would be paid to her in cash and entire process would take time of seven days and also assured that after seven days, her amount would be sent to her house.

4                                          It is further alleged that OP-2 refused to pay interest over amount deposited by complainant. Due to some doubt on OP-2, complainant demanded back her passbook alongwith blank signed vouchers, but OP-2 refused to return the same and misbehaved with her. Then, complainant snatched her passbook and vouchers and ran away from there. Complainant also filed complaint against them before Deputy Commissioner, Faridkot and also sent legal notice through her counsel to OPs and her counsel also made a call to

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OP-2 and then, OP-2 disclosed her counsel that only Rs.3100/-have been deposited by complainant in their bank, but pass book of her account reflects that she deposited Rs.31,000/-with them and all entries regarding Rs.31,000/-are duly signed by Ops. All this amounts to deficiency in service and trade mal practice on the part of OPs and has caused loss, harassment and mental agony to her for which she has prayed for compensation alongwith main relief. Hence, the  present complaint.

5                                               The complaint was admitted after hearing and vide order dated 02.02.2021, notice was issued to Opposite Parties to appear in person or through representative to file reply to the complaint.

6                                                   As per office report, notice sent to OP-1 and OP-2 through peon have been duly served. Registered cover containing copy of complaint alongwith relevant documents was sent to OP-3, acknowledgment received back with report served. Statutory period expired. Despite repeated calls and long waiting till 4 O’clock, when no body appeared in the Commission on date fixed either in person or through counsel, then vide order dated 08.11.2021, OPs were proceeded against exparte.

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 7                                              Parties were given proper opportunities to prove their respective case. Ld counsel for complainant tendered in evidence affidavit of complainant Ex C-1 and documents Ex C-2 to Ex C-8 and then, closed the same on behalf of complainant.

8                                     As Opposite parties are exparte in present case, therefore, there is no rebuttal from OPs side.

9                                    We have heard the learned counsel for the complainant and have very carefully gone through the affidavits and documents placed on record file.

10                                            The case of the complainant is that she had a saving account with OPs bank and she deposited Rs.31,000/- of her hard earned money that she earned by stitching clothes of people, with OPs and all entries regarding each deposit are reflected on her passbook. Grievance of the complainant is that she wanted to get back her money by closing the account, but OP-2 instead of releasing amount to her, tried to obtain her signatures on blank vouchers and told her that amount would be sent to her house, which is against the violations of Reserve Bank of India Rules. Despite several requests and

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issuance of legal notice, OPs did not release the amount deposited by her with OPs, which amounts to deficiency in service and trade mal practice. On the contrary, OPs are exparte and there is no rebuttal from their side. OP-1 and 2 are local parties and have been duly served, but they did not bother to appear before the Commission to justify their position.

11                                            Complainant has placed on record document Ex C-2 that is copy of complaint moved by her to Hon’ble Deputy Commissioner, Faridkot regarding trade mal practice done by OPs and for taking action against OPs. It shows the entire pleadings narrated by complainant that how her hard earned money that she deposited with OPs is illegally detained by them. Ex C-4 and Ex C-5 are copies of vouchers bearing no.210720 and 210721 that reflect the point that OPs obtained signatures of complainant on blank vouchers. These documents are totally blank where neither any amount is mentioned nor any date is written. These vouchers only bear signatures of complainant. Document Ex C-1 is a vital document that shows the first page of passbook of complainant containing particulars of complainant alongwith her photograph affixed over it and it shows the amount of Rs.31,000/-lying available in the account of complainant and it also reveals the interest to be given on deposit that is

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mentioned over her as 7%. Legal notice Ex C-6 further shows the pleadings of complainant that she made several requests to OPs to release the amount deposited by her in her saving account, but all in vain as Ops did not bother to redress the grievance of complainant despite issuance of legal notice. Documents placed on record prove the grievance of complainant. There is nothing on record on behalf of OPs to contest the allegations of complainant. Complainant has placed on record sufficient and cogent evidence to prove her case. All these documents produced by complainant are cogent and authentic and are beyond any doubt.

12                                                    From the above discussion and keeping in view all the documents placed on record by complainant, it is observed that OPs have no right to detain the amount of complainant. They have deprived the complainant of the amount earned and deposited by her with them. OPs have breached the trust of complainant as instead of releasing the amount of complainant alongwith agreed interest of 7% , they illegally detained her entire amount, which is inappropriate and is a wrong practice. This Commission is of considered opinion that there is deficiency in service on the part of OPs. Therefore, complaint in hand is hereby allowed with directions to OPs to return

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the amount of Rs.31,000/-deposited by complainant with OPs alongwith interest at the rate of 7% per anum from the date of deposit till final realization. OPs are further directed to pay Rs.10,000/-to complainant as compensation for harassment and mental agony suffered by her alongwith Rs.4,000/- as litigation expenses incurred by her on present complaint. Compliance of this order be made by OPs jointly and severally within one month of date of receipt of copy of this order, failing which complainant shall be entitled to initiate proceedings under Section 71 and 72 of the Consumer Protection Act. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room. 

Announced in Open Commission

Dated : 28.07.2022

(Vishav Kant Garg)       (Param Pal Kaur)                        

Member                          Member

 

 

 

 

 

 

 

 

 

 

 

 

C.C. No.- 25 of 2021

Kaushalaya Devi    Vs    Sahyog Credit

 

Present:      Sh Charanjit Sidana, Ld Counsel for complainant,    

                  OPs Exparte.

                   Arguments heard. Vide our separate detailed order of even date, complaint in hand is hereby allowed. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room. 

Announced in Open Commission

Dated : 28.07.2022

(Vishav Kant Garg)       (Param Pal Kaur)                         

Member                          Member