Haryana

Charkhi Dadri

CC/215/2021

Kamlesh Devi - Complainant(s)

Versus

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

Naveen

26 Jul 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                          Complaint Case No. 215 of 2021

                                                         Date of Institution: 26.8.2021

                                                          Date of Decision: 26.7.2023

 

Kamlesh Devi aged 55 years wife of Bishambhar, resident of House No.  220/1, Rohtak road, Ward No. 4, Charkhi Dadri, Tehsil and District Charkhi Dadri.

                                                                   ….Complainant.

Versus

1. Sector Manager, Sahara India Co-operative Society Limited, near Rose Garden, above Dr. Goyal Dental Clinic, Charkhi Dadri, Tehsil and District Charkhi Dadri.
2. Saharayn Universal Multipurpose Society Limited, (Registered under Multi State Cooperative Societies Act, 2002, registered No. MSCS/CR/935/2014) Registered office, 195, Zone -1, In front of DB Mall, MP Nagar, Bhopal, Madhya Pradesh-462011.

 

• ….........Respondents/OPs

 

                   COMPLAINT UNDER THE

                        CONSUMER PROTECTION ACT.

 

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

                Hon’ble Ms. Shashi Kiran Panwar, Member.

                   Hon’ble Sh. Dharam Pal Rauhilla, Member.

 

 

Present:      Sh. Naveen Sharma, Adv. for complainant.

                   OPs already exparte.

 

ORDER:-

              

                MANJIT SINGH NARYAL, PRESIDENT

 

                  Kamlesh Devi (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 deposited/invested some amount in Star Two and Sahara H. Shine scheme of the OPs, details of which is mentioned in para No. 2 of the present complaint. But it is averred that despite making several complaints and visits, the OPs failed to make the payment of maturity amount of said FDs to the complainant. 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 total amount of Rs. 3,63,890/- along with interest, compensation and the litigation expenses besides any other relief, to which the complainant is found entitled.

2.                Upon notice, initially the OPs appeared through their counsel Sh. Manoj Kumar, Adv. but later on, the OPs failed to file the written statement and also failed to appear before the Commission. Hence, their defence to file the written statement was struck off and they were proceeded against exparte vide order dated 22.7.2022 due to non-appearance before the Commission. 

3.                In the evidence, the complainant tendered affidavit as Ex. CW-1/A and documents Ex. C-1 to Ex. C-8 and closed the evidence on 13.2.2023.

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 by filing her affidavit (Ex. CW-1/A), the complainant has corroborated the contents of her complaint as true and correct, and has further placed on record three FD certificates i.e. bearing Nos. 914000377880 to 914000377882 (i.e. Ex. C-1 to Ex. C-3) issued under Sahara. H. Shine Scheme issued by the OPs. On perusal of aforementioned certificates (Ex. C-1 to Ex. C-3), we have observed that the amount of Rs. 17,000/-each on 6.1.2015 have been found deposited in the name of complainant under the said scheme for a period of 72 months. On these FD certificates (Ex.C-1 Ex. C-3), the maturity date as 6.1.2021 and the amount payable is mentioned on each certificate as Rs. 35,394/-.

6.                 The counsel for complainant further drawn the attention of this Commission towards three other FD certificates i.e. bearing Nos. 795000169614 to 795000169616 (Ex. C-4 to Ex. C-6) and another two certificate bearing Nos. 795000025213 & 795000025214 (Ex. C-7 & Ex. C-8) which were issued under Star Two scheme issued by the OPs. On perusal of aforementioned certificates, we have observed that the amount of Rs. 17,000/-each (vide Ex. C-4 to Ex. C-6) and Rs. 38,700/-(vide Ex. C-7) & Rs. 39,154/-(vide Ex. C-8) have been found deposited in the name of complainant under the said scheme. On these all the FD certificates, no maturity date is mentioned. However, we have perused term and conditions of the certificates. As per condition No. 10 of the Star Two Certificate scheme, “the member shall be free to withdraw his/her contribution any time after the expiry of 64 months from the date of payment of the contribution. In such a case, the society may compensate the Member by giving a benefit on contribution made by such Member of an amount not exceeding Rs. 1,00,000/-on a contribution of Rs. 1,00,000/-in the form of cash of cash equivalent products.”

7.                From the unrebutted evidence of complainant produced in the form of FD certificates (Ex. C-1 to Ex. C-3) issued under Sahara H.
Shine Scheme and FD certificates (Ex. C-4 to Ex. C-8) issued under Star Two scheme 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 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).

8.                In the result, we hereby direct the OPs to pay the said maturity amount of Rs. 35,394/-each (as mentioned on FD certificates Ex. C-1 to Ex. C-3) i.e. total Rs. 1,06,182/-to the complainant along with 9% p.a. rate of interest from the date of final maturity of said FD certificates i.e. 6.1.2021 till its final payment.

9.              We further direct the OPs to pay the maturity amount/accrued as per scheme of Star Two i.e. total Rs. 1,28,854/-for certificates (Ex. C-4 to Ex. C-8) to the complainant along with 9% p.a. rate of interest from the date of final maturity of these certificates i.e. after expiry of 64 months of issuance of said FD certificates, till its final payment.

10.         The OPs are also directed to pay a sum of Rs. 5000/- (Rupees Five Thousand Only) on account of mental agony, harassment etc. and Rs. 5000/- (Rupees Five Thousand Only) as litigation expenses to the complainant. The present complaint stands allowed in the manner as indicated above.

11           The above order be complied within 45 days from the date of receiving the copy of this order.

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

13.              File be consigned after due compliance.

Announced.

Dated: - 26.7.2023

 

(Dharam Pal Rauhilla)     (Shashi Kiran Panwar)         (Manjit Singh Naryal)

                            Member                      Member                                         President,

                                                                            District Consumer Disputes

                                                         Redressal Commission, Charkhi Dadri.