Haryana

Charkhi Dadri

CC/20/2022

Chand Ram - Complainant(s)

Versus

Sector Manager, Sahara Universal Multipurpose Society Ltd, - Opp.Party(s)

Gaurav Jain

14 May 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                          Complaint Case No. 20 of 2022

                                                         Date of Institution: 01.02.2022

                                                          Date of Decision      14.05.2024

 

Chand Ram aged 55 years son of Nathu Ram, resident of village Makrana, Tehsil & District Charkhi Dadri

                                                                   ….Complainant.

Versus

1. Sector Manager, Saharayn Universal Multipurpose Society Limited, near Rose Garden, above Dr. Goyal Dental Clinic, Charkhi Dadri, Tehsil and District Charkhi Dadri.
2. Regional Manager, Saharayn Universal Multipurpose Society Limited, Sector 15A, Camry road, near Royal Bar, Hisar-125001.
3. 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.

 

•  

 

          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:-

 

1.               Sh.Chand Ram (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 certain amount in Super BB certificates, details of which is given below.

 

 

Super BB Certificates No.	Date of opening	Date of Maturity	Maturity amount including joining points
467004137093	15-05-2018	15.05.2021	Rs.40,925/-
467004137094	15-05-2018	15.05.2021	Rs.24,025/-

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 also 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 maturity amount of Rs. 64,950/- along with agreed rate of interest, compensation and the litigation expenses besides any other relief, to which the complainant is found entitled.

2.                Upon notice through registered post, the OPs failed to appear before the Commission. Hence, the OPs were proceeded against exparte vide order dated 01.12.2023 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 & Ex. C-2 and closed the evidence on 21.02.2024.

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 her affidavit (Ex. CW-1/A), the complainant corroborated the contents of her complaint as true and correct, and further placed on record two certificates of Super BB scheme (Ex. C-1 & C-2) with three other documents bearing same certificate numbers whereby the complainant was enrolled with joining points which could be redeemed after a specific period of time of 36 months. Accordingly maturity/redemption date arrives at 14.05.2021 after completion of 36 months from the date of deposit i.e. 15.05.2018. These Certificates are bearing Nos. 467004137094 & 467004137093 (Ex. C-1 & Ex. C-2). On perusal of aforementioned certificates, we have observed that on investing the amount of Rs. 11,950/-on 15.5.2018 (vide certificate Ex. C-1), the complainant was enrolled with and was entitled for redemption of 161 joining points. Similarly, on investing the amount of Rs. 14,350/- on 15.5.2018 (vide certificate Ex. C-2), the complainant was enrolled with and was entitled for redemption of 194 joining points.

6.            We have observed that the aforementioned certificates (Ex. C-1 & Ex. C-2) have been issued in the name of complainant under the said scheme of Super BB. We have perused the said certificates and term and conditions thereof. As per condition No. 4 of the Super BB scheme as mentioned on the back side of certificates, “the member shall be free to withdraw his/her contribution any time after the expiry of 36 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. 53,600/-on a contribution of Rs. 1,00,000/-in the form of cash of cash equivalent products” . However, on the back side of same number bearing certificates, it is also mentioned that “One joining point may be calculated as Rs. 100/-” which means that the member/complainant shall be free to redeem his/her accumulated joining times after expiry of 36 months from the date of joining and hence, would be entitled for 100 x Joining Points of each certificate on expiry of 36 months from the date of joining.

7.                From the unrebutted evidence of complainant produced in the form of certificates (Ex. C-1 & Ex. C-2) 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, in terms and conditions of the said scheme the OPs have acted in a deficient and negligent manner towards the complainant.

8.                Resultantly, in the light of above facts and documents placed on record the present complaint is allowed. We hereby direct the OPs to pay the said maturity/redeemed amount/accrued as per said scheme of OPs Rs.28,050/- (Rs. 11,950/- deposited plus Rs. 16,100/- towards redeemed amount of 161 joining points vide certificate no. 467004137094) and Rs. 33,750/- (Rs. 14,350/- deposited plus Rs. 19,400/- towards redeemed amount of 194 joining points vide certificate no. 467004137093) i.e. totaling  to Rs.61,800/- to the complainant along with 9% p.a. rate of interest from the date of final maturity i.e. after expiry of 36 months of investment/payment of contribution as per scheme till realization of final payment.

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

10.        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 to the record room after due compliance.