Haryana

Charkhi Dadri

CC/65/2022

Hem Lata - Complainant(s)

Versus

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

Sh. Naveen Sharma

16 Nov 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                          Complaint Case No. 65 of 2022

                                                         Date of Institution: 15.3.2022

                                                          Date of Decision: 16.11.2023

 

Hem Lata aged 46 years wife of Sunil Sharma, resident of House No. 210/3, Gandhi Nagar, Dwarka Wali Gali, Ward No. 7, Charkhi Dadri Tehsil and 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. Area Manager, Saharayn Universal Multipurpose Society Limited, Second Floor, Sahara India, Phase-5, Sector-58, Mohali (Punjab).
3. Saharayn Universal Multipurpose Society Ltd.: 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 through its M.D.
4.  

 

COMPLAINT UNDER THE

CONSUMER PROTECTION ACT

 

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

                   Hon’ble Sh. Dharam Pal Rauhilla, Member.

 

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

                   OPs already exparte.

 

ORDER:-

              

                  Hem Lata (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 various amount under Star Two Scheme & Super BB Scheme, details of which is mentioned in para No. 2 of the present complaint and the OPs issued various certificates to the complainant. 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 total amount of Rs. 14,87,600/- along with rate of interest, compensation and the litigation expenses besides any other relief, to which the complainant is found entitled.

2.            Upon notice sent through registered post, the OPs failed to appear before the Commission and hence, the OP Nos. 1 & 3 vide order dated 22.6.2023 and the OP No. 2 vide order dated 12.10.2023 passed by this Commission have been proceeded against exparte.

3.             In the evidence, the complainant tendered affidavit as Ex. CW-1/A and documents Ex. C-1 to Ex. C-67 and closed the evidence on 23.10.2023.

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 corroborated the contents of her complaint as true and correct, and has further placed on record Sixty Three certificates issued under Star Two scheme by the OPs (i.e. certificates from Ex. C-1 to Ex. C-63) and two certificates of Super BB scheme with joining point certificates (i.e. from Ex. C-64 to Ex. C-67).

6.             We have observed that the aforementioned certificates (Ex. C-1 to Ex. C-67) have been issued in the name of complainant. We have also perused the scheme of these Star Two & Super BB certificates and gone through the term and conditions of the said certificates.

7.                As per condition No. 10 of the Star Two Certificate scheme (of certificates Ex. C-1 to Ex. C-63) “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.”

8.              As per condition No. 4 of the Super BB scheme as mentioned on certificates (Ex. C-65 & Ex. C-67), “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” .

9.                The certificates (Ex. C-1 to Ex. C-63) have been issued by the OPs on 30.9.2016 under Star Two scheme for contribution amount of Rs. 8000/-each, which are bearing certificate Nos. 795000532232 to 795000532294.

10.                However,  the certificate bearing Nos. 467003685931 (Ex. C-64) & No. 467003685932 (Ex. C-66) have been issued by the OPs for Rs. 1,00,000/-each with two other bearing same certificate numbers (vide Ex. C-65 & Ex. C-67) whereby the complainant was enrolled with number of joining points for redemption of same after expiry of specified period of time. It has been observed that on investment of amount of Rs. 1,00,000/-each on 23.6.2018 (vide certificate Ex. C-64 & Ex. C-66), the complainant was also enrolled with and was entitled for 897 Joining points (vide certificate Ex. C-65) and was entitled for 959 joining points (vide certificate Ex. C-67)

11.               On the back side of these same bearing number certificates (Ex. C-65 & Ex. C-67), it is also mentioned that “One joining time 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.

12.              From the unrebutted evidence of complainant produced in the form of certificates (Ex. C-1 to Ex. C-63) issued under Star Two Scheme and certificates (Ex. C-64 to Ex. C-67) issued under Super BB 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).

13.              In the result, we hereby direct the OPs to pay the total deposited amount of Rs. 5,04,000/- of certificates (Ex. C-1 to Ex. C-63) as per scheme of Star Two Scheme together with interest @ 9% per annum from the date deposit i.e. 30.9.2016 till realization of final payment and also to pay deposited amount of Rs. 2,00,000/- of Super BB Scheme certificates (Ex. C-64 & Ex. C-66) together with interest @ 9% per annum from the date deposit i.e. 23.8.2018 till realization of final payment to the complainant.

14.            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.

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

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

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

18.              File be consigned after due compliance.