Haryana

Charkhi Dadri

CC/319/2021

Sombir Singh - Complainant(s)

Versus

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

Ankit Verma

14 Nov 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                Complaint Case No. 319 of 2021

                                                Date of Institution: 17.12.2021

                                                Date of Decision:     14.11.2024

 

Sombir Singh son of Dighram, resident of village Fatehgarh, Tehsil & District Charkhi Dadri

…….Complainant.

Versus

1. Sector Manager, Sahara India Cooperative Society Limited, near Rose Garden, above Dr. Goyal Dental Clinic, Charkhi Dadri, Tehsil & District Charkhi Dadri.
2. Regional Manager, Sahara India Cooperative Society Limited Sector-15A, Camry Road, near Royal Bar, Hisar-125001.
3. Area Manager, Sahara India Cooperative Society Limited, SCO-84A Second Floor, Sahara India, Phase-5, Sector-58, Mohali (Punjab).

                                                             …....OPs/Respondents. 

                COMPLAINT UNDER THE

                CONSUMER PROTECTION ACT.

 

Before: -    Hon’ble Shri Manjit Singh Naryal, President

                Hon’ble Shri Dharam Pal Rauhilla, Member.

 

Present:    Shri Ankit Verma, Adv. for complainant.

                OP no.2 given up.

                OP no.1&3 already exparte.

ORDER:-

 

1.                 The facts of the complaint are that Shri Sombir (hereinafter referred to as “the complainant”) has filed the present complaint against opposite parties (hereinafter referred to as “the OPs) with the averments that the complainant had deposited/invested amount of Rs.11,000/- under Advance for Q Shop Goods Plan H  with the OPs vide Receipt  No. 071015574895 on 23.5.2012 and Rs.9,600/- under Advance for Q Shop Goods Plan H with the OPs vide receipt No.071015575183 on 26.5.2012.  It is averred that despite making several requests and visits, the OPs failed to make the payment of maturity amount of said Certificate to the complainant.  It is further averred that there is deficiency in service on the part of the OPs.  Hence, this complaint seeking directions against the OPs to pay the amount of Rs. 62,315/- along with interest, compensation and the litigation expenses besides any other relief.

2.             Upon notice through registered post, the OP no.1&3 failed to appear before the Commission and hence, OP No. 3 vide order dated 16.9.2022 and the OP No. 1 vide order dated 16.6.2023 were proceeded against exparte due to their non-appearance before the Commission. The OP No.2 was also given up vide order dt.23.7.2024 on the statement made by the counsel for complainant, recorded in this regard separately, by this Commission.

3.             In the evidence, the complainant tendered affidavit as Ex. CW-1/A and documents Ex. C-1 to Ex. C-5 and closed the evidence on 19.9.2024.

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 his affidavit (Ex. CW-1/A), the complainant has corroborated the contents of his complaint as true and correct, and has further placed on record certificates No. 071015575183 (Ex. C-1) dated 26.5.2012 & 071015574895 (Ex. C-2) dated 23.5.2012  issued under issued under Advance for Q Shop Goods Plan H. On perusal of aforementioned receipt (Ex. C-1 & Ex.C2), it is specifically clear that the complainant had deposited/invested the amount Rs. 11,000/- firstly on 23.5.2012 and Rs.9600/- secondly and lastly on 26.05.2012 with the OPs.  On the certificate, no amount and date of maturity was mentioned.

6.                From the perusal of evidence of the complainant produced in the shape of certificate (Ex. C-1 & Ex.C2) and corroborated by affidavit (Ex. CW-1/A) filed by complainant, it is established that by not refunding the deposited amount of said scheme to complainant, OP no.1&3 have acted in a deficient and negligent manner by not paying the deposited amount to the complainant.

7.                In the result, the present complaint is  allowed and OP no.1&3 are directed as under:-

1. To pay the said amount i.e. Rs. 20,600/- (Rs.9600/- deposited vide receipt Ex.C1 and Rs.11,000/- vide receipt Ex.C2) to the complainant along with 9% p.a. rate of interest from the last date of deposit i.e. 26.5.2012 till its final payment.
2. To pay a sum of Rs. 2000/- (Rupees Two Thousand Only) on account of mental agony, harassment etc.
3. To pay a sum of Rs. 2000/- (Rupees Two Thousand Only) as litigation expenses to the complainant.

8.             The above order be complied within 45 days from the date of this order failing which further interest @12% will be paid by the OP no.1&3 for the delayed period.

9.             If the order of this Commission is not complied with, then the complainant shall be entitled to file execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the defaulting party will be liable for prosecution under Section 72 of the said Act which provides punishment of imprisonment for a term which shall not less than one month, but which may extend to three years or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to Rs. one lac or with both. Copies of this order be sent to the parties free of costs as per rules and this order be promptly uploaded on the website of this Commission. File be consigned to the record room after due compliance.