Haryana

Charkhi Dadri

CC/332/2021

Sheela Devi - Complainant(s)

Versus

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

Rahul Kumar

30 Jan 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                          Complaint Case No. 332 of 2021

                                                         Date of Institution: 28.12.2021

                                                          Date of Decision: 30.01.2024

 

Sheela Devi aged   years wife of Randhir Singh, resident of village Samaspur, Tehsil & District Charkhi Dadri

 

                                                                   ….Complainant.

Versus

1. Sector Manager, Sahara Credit Cooperative Society Ltd. near Rose Garden, above Dr. Goyal Dental Clinic, Charkhi Dadri, Tehsil & Distt. Charkhi Dadri.
2. Sahara Credit Cooperative Society Ltd. Registered Office Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024.
3. Regional Manager, Sh. Durgesh, Sahara Credit Cooperative Society Ltd.; SCO-84-A Second Floor, Sahara India, Phase-5, Sector 58, Mohali (Punjab).
4. Area Manager, Sh. Satish, Sahara Credit Cooperative Society Ltd. SCO-84-A Second Floor, Sahara India, Phase-5, Sector 58, Mohali (Punjab).

 

1.  

 

                   COMPLAINT UNDER THE

                   CONSUMER PROTECTION ACT.

 

Before: -     Sh. Manjit Singh Naryal, President

                Sh. Dharam Pal Rauhilla, Member.

 

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

                   OP no.2 exparte vide order dt.03.11.2022.

                   OP no.3&4 given up v.o.d.25.09.2023

                   OP no.1 exparte vide order dt.15.11.2023

 

ORDER:-

              

                   Brief facts of the present complaint, according to the complainant, are that being attracted by the benefits as explained by the OP, complainant opted to deposit Rs. 1000/-per month from 24.09.2015 and on receipt of 1^st deposit of Rs. 1000/-, the OPs issued RD pass book No. 4440 containing account No. 70465601338 duly endorsed with maturity date as 24.09.2018. It is averred that the complainant is entitled for total maturity amount of Rs. 40,645/-after the maturity period of said certificate/FD. But it is averred that the OPs failed to pay the said maturity amount to the complainant. It is prayed by the complainant that the OPs be directed to pay the maturity amount of certificate i.e. Rs. 40,645/-along with interest, compensation and the litigation expenses besides any other relief which this Commission may found deem fit and proper.

2.                Notice to the OP no.2 was sent through registered post and as per tracking report, the delivery of notice was found confirmed. But the OP no.2 failed to appear before the Commission and ultimately hence, the OP no.2 was proceeded against exparte vide order dated 03.11.2022 due to non-appearance before the Commission.  Counsel for the OP no.3&4 made a statement that they should be given up OP no.3&4 being unnecessary vide order dt. 25.09.2023.

3.                Notice to the OP no.1 was sent through registered post and as per tracking report, the delivery of notice was found confirmed. But the OP no.1 failed to appear before the Commission and ultimately, the OP no.1 was also proceeded against exparte vide order dated 15.11.2023 due to non-appearance before the Commission

4.                In the evidence, the counsel for the complainant tendered affidavit as Ex. CW-1/A and document Ex. C-1 to Ex. C24 and closed the evidence on 13.12.2023.

5.                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.

6.                we have observed that in the present complaint, the complainant has corroborated the contents of her complaint as true and correct, by filing her affidavit Ex. CW-1/A and has further placed on record documents Ex. C-1 to Ex. C-23 relating to A/c bearing No. 70465601338  opened by the complainant under Sahara S. Anokha Scheme with the respondents on 24.09.2015 for a term of 36 months for denomination amount of Rs. 1000/-P.M. Further perusal of document Ex. C-2 to Ex.C23 (22 in numbers) which is  certificate/ receipt of Rs. 1000/- each per month issued by the OPs to the complainant Smt. Sheela Devi between September 2015 to August 2018  on various dates as mentioned in documents Ex.C2 to Ex.C23 but we have observed that last receipt/certificate bearing number 080773124216 dated 27.08.2018 reveals that the complainant had paid an amount of Rs. 35,000/- to the OPs. In previous months receipt no.080758118364, the amount of advance was shown as Rs. 34,000/-. It reveals that the complainant had deposited total amount of Rs. 35,000/- with the OPs till 27.08.2018 as mentioned in certificate dt.27.08.2018 Ex.C23. The complainant has not placed on record any other receipt of deposit of amount or any ledger statement 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 to  Ex. C-23 and taking into consideration the contents of affidavit Ex. CW-1/A filed by complainant as true and correct, we are of the considered opinion that by not refunding the deposited 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 in not paying the maturity amount under the terms and conditions of the said scheme, so introduced by them (OPs).

                 So, by taking into consideration the aforesaid finding and observation, we therefore, are of the view that as the OPs have failed to discharge their legal duties as enshrined qua the said scheme in terms of deposited amount of the complainant, we therefore, direct the OPs to pay the said deposit amount of Rs. 35,000/- of A/c No. 70465601338  (As per receipt Ex. C-2 to Ex.C23) + (any other amount which the complainant deposited with the OPs on production of receipt thereof before OPs retaining copy of the same with her) to the complainant along with 9% p.a. rate of interest from the date of completion of the tenure of scheme i.e. 24.09.2018,  till its final payment.

7.          The OPs are also directed to pay a sum of Rs. 5000/-(Rs. Five Thousand Only) on account of mental agony, harassment etc. and litigation of Rs.5000/-(Five Thousand Only) to the complainant.

8.         The present complaint stands allowed in the manner as indicated above.

9.           The above order be complied within 45 days from the date of this order failing which further interest @12% will be paid by the OPs for the delayed period.

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

11.              File be consigned after due compliance.

Announced.

Dated: - 30.01.2024