Haryana

Charkhi Dadri

CC/127/2022

Rajbir - Complainant(s)

Versus

Sector Manager, Humara India Credit Cooperative Society Limited - Opp.Party(s)

Sh. Rahul Kumar

07 Oct 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                                        Complaint Case No. 127 of 2022

                                                         Date of Institution: 17.05.2022

                                                          Date of Decision:  07.10.2024

 

Rajbir son of Devi Ram, resident of  village Birohar, Tehsil Matanhail, District Charkhi Dadri

 

                                                        ….Complainant.

Versus

1. Sector Manager, Humara  India Credit Cooperative Society Limited, near Rose Garden, above Dr. Goyal Dental Clinic, Charkhi Dadri, Tehsil and District Charkhi Dadri.
2. Area/Regional Manager, Humara  India Credit Cooperative Society Limited, SCO-84-A second Floor, Sahara India, Phase-5, Sector-58, Mohali (Punjab).
3. M.D., Humara  India Credit Cooperative Society Limited: Regd. Office: Mangal Jyoti, 101, 227/2 AJC Bose Road, Kolkata, West Bengal-700020.

 

                                                                        …....OPs/Respondents. 

 

                   COMPLAINT UNDER THE

                   CONSUMER PROTECTION ACT.

 

Before: -      Hon’ble Sh. Manjit Singh Naryal, President

                   Hon’ble Sh. Dharam Pal Rauhilla, Member.

 

Present:       Sh. Rahul Kumar, Adv. for complainant.

                   OPs already exparte.

 

ORDER:-

              

                    Rajbir (hereinafter referred to as “the complainant”) has filed the present complaint against the opposite parties (hereinafter referred to as “the OPs) with the averments that the complainant opened an account No. 70466000098 on 16.10.2015 with the OPs under Humara Home Point Scheme of payment of Rs. 1500/- per month for the period of 60 months and deposited the said amount of Rs. 1500/- per month for 46 months. But it is averred that despite completion of all the formalities, visits and requests of complainant, the OPs failed to pay the maturity amount to the complainant. Hence, by alleging deficiency in service on the part of OPs, the complainant seeks directions against the OPs to pay Rs. 85,355/- along with interest, compensation and the litigation expenses besides any other relief which this Commission may found deem fit and proper.

2.            Upon notice issued through registered post, the OPs failed to appear before the Commission. Hence, the OPs vide order dated 18.07.2023 were proceeded against exparte due to their non-appearance before the Commission.

3.             In the evidence, the complainant tendered into evidence affidavit as Ex. CW-1/A and documents Ex. C-1 & Ex. C-2 and closed the evidence on 04.12.2023.

4.             We have heard the exparte arguments of learned counsel of the complainant and have gone through the entire evidence placed on record by the complainant very carefully and minutely.

                   During the course of arguments, the learned counsel of complainant reiterated the contents of complaint filed by the complainant and drawn the attention of this Commission towards the documents placed on record by the complainant.

5.           We have observed that in the present complaint, the complainant has corroborated the contents of her complaint as true and correct, by filing his affidavit Ex. CW-1/A and has further placed on record document Ex. C-1 relating to A/c bearing No. 70466000098 opened by the complainant under HOME POINT Scheme with the respondents on 16.10.2015 for a term of 60 months for denomination amount of Rs. 1500/- payable per month. Further on perusal of document (placed on record and taken into consideration as Ex.C2) which is a certificate/1^st receipt of Rs. 1500/- issued by the OPs to the complainant Rajbir, shows that the complainant had deposited only Rs.1500/- on 16.10.2015.  But we have observed that the complainant has not placed on record any other receipt of deposit of amount issued by the OPs showing deposit of amount by the complainant, if any. So, by taking into consideration the said Recurring deposit documents  Ex. C-2 and taking into consideration the contents of affidavit Ex. CW-1/A filed by complainant, we are of the considered opinion that the complainant had paid Rs. 1500/- only on 16.10.2015 and by not refunding the deposited/maturity amount on maturity date of the said scheme to the complainant, the OPs seems to have acted in a deficient and negligent manner towards the complainant under the terms and conditions of the said scheme, so introduced by them (OPs).

 6.                So, by taking into consideration the aforesaid facts, documents placed on record and observations we therefore, are of the view that as the OPs have failed to discharge their obligations as enshrined qua the said scheme.  We therefore allow the present complaint and direct the OPs to pay the said amount of Rs.1500/- of A/c No. 70466000098 (As per receipt No.665005598624) + (any other amount which the complainant deposited with the OPs on production of receipt thereof before OPs) to the complainant along with 9% p.a. rate of interest from the date of deposit i.e. 16.10.2015, till its final payment.

7.          The OPs are also directed to pay a sum of Rs. 3000/-(Rs. Three Thousand Only) on account of mental agony, harassment etc. and litigation of Rs. 3000/- (Rs. Three Thousand Only) to the complainant.

8.                The above order be complied within 45 days from the date of receiving the copy of this order failing which all the awarded amounts shall further attract simple interest @12% per annum for the period of default.

9.                Certified copies of order be supplied to the parties free of costs.

10.              File be consigned to the record room after due compliance.