Haryana

Charkhi Dadri

CC/27/2022

Bala Devi - Complainant(s)

Versus

Sector Manager, Saharayn Universal Multipurpose Society Limited - Opp.Party(s)

Sh. Rahul Kumar

06 Jun 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                Complaint Case No. 27 of 2022

                                                Date of Institution: 02.02.2022

                                                Date of Decision: 06.06.2024

 

Bala Devi wife of Shri Rajender Singh, resident of village Bhagwi, Tehsil & District Charkhi Dadri.

…….Complainant.

Versus

1. Sector Manager, Saharayn Universal Multipurpose Scoiety Limited, near Rose Garden, above Dr. Goyal Dental Clinic, Charkhi Dadri, Tehsil & 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.
3. Area Manager, Saharayn Universal Multipurpose 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 Rahul Kumar, Adv. for complainant.

                OPs already exparte.

ORDER:-

 

        Bala Devi (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 got deposited/invested amount of Rs.15,550/- under Super BB Scheme with the OPs vide Certificate No. 467002240427, Membership No. 924828000078 on 15.2.2018.  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. 41,125/- along with interest, compensation and the litigation expenses besides any other relief.

2.             Upon registered notice, the OPs failed to appear before the Commission and the OPs No. 1 & 2 vide order dated 01.03.2023 have been proceeded against exparte due to their non-appearance before the Commission and OP No. 3 has been proceeded against exparte due to non-appearance before the Commission. 

3.             In exparte evidence, the complainant tendered affidavit Ex. CW-1/A and document Ex. C-1 and closed the evidence.

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.

5.            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 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 certificate No. 467002240427 (Ex. C-1) dated 15.2.2018 issued under Super BB Scheme by the OPs.  On perusal of aforementioned certificate, we have observed that the amount of Rs. 15,550/- (vide Ex. C-1) has been found deposited in the name of the complainant under the said scheme.  On the certificate, no maturity date is mentioned.

7.                From the perusal of evidence of the complainant produced in the shape of 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 of said scheme to complainant, OPs have acted in a deficient and negligent manner by not paying the deposited amount to the complainant.

8.                In the result, we hereby direct the OPs to pay the said amount i.e. Rs. 15,550/-(Rupees fifteen thousand five hundred fifty only) to the complainant along with 12% p.a. rate of interest from the date of deposit i.e. 15.02.2018 till its final payment.

8.                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.

9.             The present complaint stands allowed in the manner as indicated above. The above order be complied within 45 days from the date of receiving the copy of this order. Certified copies of order be supplied to the parties free of costs. File be consigned after due compliance.