Haryana

Charkhi Dadri

CC/305/2021

Mohit - Complainant(s)

Versus

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

Gaurav Jain

05 Feb 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                          Complaint Case No.  305 of 2021

                                                         Date of Institution:   30.11.2021

                                                          Date of Decision :    05.02.2024     

 

Mohit aged 23 years son of Rajbir Singh, resident of House No. 227, near Hanuman Temple, Charkhi Dadri, Tehsil & 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 & District Charkhi Dadri.
2. Humara India Credit Cooperative Society Limited; Regd Office: Mangla Jyoti, 101, 227/2 AJC Bose Road, Kolkata, West Bangal-700020 through its Managing Director/Authorizes Signatory.
3. Regional Manager, Humara India Credit Cooperative Society Limited; Sector 15A, Camry Road, near Royal Bar, Hisar-125001.
4. Area Manager, Humara India Credit Cooperative Society Limited; SCO-84A Second Floor, Sahara India, Phase-5, Sector-58, Mohali (Punjab).

 

•  

 

          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.

                   OP no.1,2&4 exparte.

                   OP no.3 given up.

 

ORDER:-

                     Mohit (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 got opened account No. 70468000009 wherein the complainant got deposited Rs. 36,000/- in Golden 24 scheme  on 29.01.2019 vide receipt No. 665038999072 and a certificate in this regard bearing No. 438002127295 was issued to the complainant by the OPs. It is averred that despite making several complaints and visits, the OPs have failed to make the payment of maturity amount of Rs.43,762/- of said FDs to the complainant. The complainant sent a legal notice dt.13.10.2021 to the OP no.1&2, the OP no.1 received the notice but  he neither replied nor made payment and the notice issued to OP no.2 was returned undelivered. It is averred that there is deficiency in service on the part of the OPs. Accordingly, the complainant seeks directions against the OPs to pay the maturity amount of Rs.43,762/-payable on 29.01.2021 for FD A/c No. 70468000009 along with interest, compensation and the litigation expenses besides any other relief, to which the complainant is found entitled.

2.                On notice, no one appeared on behalf of the OP o.1,2&4 and hence, the OP no.1,2&4  have been proceeded against exparte.

3.                Ld. Counsel for the complainant had made a statement that he given up OP no.3 being unnecessary party in proceeding held on 21.03.2023

4.                In the exparte evidence, the complainant tendered her affidavit Ex. CW-1/A and documents Ex. C-1 to Ex. C-6 and closed the evidence on 04.09.2023.

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

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

6.           After hearing the exparte arguments of learned counsel for complainant, going through the entire case file and perusing the documents placed on record very carefully and minutely, we have observed that in the present complaint, the complainant by filing his affidavit (Ex. CW-1/A), has corroborated the contents of his complaint as true and correct, and has further placed on record FD certificate i.e. bearing No. 438002127295 (i.e. Ex. C-1) issued under Sahara Golden 24 Scheme. On perusal of aforementioned certificate (Ex. C-1), we have observed that the amount of Rs. 36,000/- on 29.01.2019 vide FD certificate No. 438002127295  (Ex. C-1) under A/c No. 70468000009 has been found deposited in the name of complainant under the scheme Golden 24. On the FD certificate (Ex.C-1), the maturity date as 29.01.2021 and the amount payable is mentioned as Rs. 43,762/- on maturity.

7.             From the unrebutted evidence of complainant produced in the form of FD certificate Ex. C-1 and corroborated by affidavit (Ex. CW-1/A) filed by complainant, it is established that by not refunding the deposited amount on maturity date of the said scheme to the complainant, the OPs have acted in a deficient and negligent manner towards the complainant in not paying the maturity amount under the terms and conditions of the said scheme, so introduced by them (OPs).

8.             In the result, we hereby direct the OP no.1,2&4 jointly and severally to pay the said maturity amount of Rs. 43,762/- (mentioned on FD Ex. C-1) to the complainant along with 9% p.a. rate of interest from the date of final maturity of said FD certificate i.e. 29.01.2021 (as mentioned on FD certificate Ex. C-1) till its final payment.

9.          The OP OP no.1,2&4 jointly and severally  are also directed to pay a sum of Rs. 5000/- on account of mental agony, harassment etc. and Rs. 5000/- as litigation expenses. The present complaint stands allowed in the manner as indicated above.

10.           The above order be compiled within 45 days from the date of receiving the copy of this order.

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

12.           File be consigned after due compliance.

Announced.

Dated: - 05.02.2024