Before the District Consumer Disputes Redressal Forum, Rohtak.

                                                                   Complaint No. : 240

                                                                   Instituted on     : 05.05.2023

                                                                   Decided on       : 06.10.2023

Smt. Sushila w/o Bijender R/o Village Sanghi, Tehsil & District Rohtak.

                                                                                        ………..Complainant.

                                                Vs.

1. Sahara Credit Co operative Society Ltd. Palace Building, Subhash Road, Rohtak through its Branch Manager.
2.  Sahara India Pariwar, Sahara India (R) Commercial Corporation Ltd., Sahara India Bhawan, 1 Kapoorthala Complex Lucknow(UP) through its Managing Director.

……….Opposite parties.

COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR.TRIPTI PANNU, MEMBER.

                   DR.VIJENDER SINGH, MEMBER

Present:       Complainant in person.

Opposite parties already exparte vide order dated 16.06.2023.

                                      ORDER

VIJENDER SINGH, MEMBER:

1.                Brief facts of the case as per complainant are that the complainant had  invested her amount in the scheme of opposite party company namely Sahara G. Anokha vide membership No.53191600677 on 31.08.2016 vide scheme code-930124. It is further submitted that he deposited a sum of Rs.1100/- monthly for a period of 72 months. The total amount of Rs.73700/- was deposited by the complainant. The opposite parties assured her that after completion of 72 installments, she will get her amount with interest. Thereafter the complainant approached many times to the opposite parties and requested them for disbursing the said amount in her favour but the opposite parties have refused to refund the said amount. The act and conduct of the opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the deposited amount i.e. Rs.77,300/- alongwith interest from the date of deposit till actual realization. She also prayed that opposite party may also be directed to pay an amount of Rs.1,00,000/- as compensation on account of harassment and Rs.11,000/- as litigation expenses.

2.                After registration of complaint, notices were issued to the opposite parties. Notice issued to opposite party no.1 received back duly served and notice issued to opposite party No.2 through registered post not received back either served or unserved. None appeared on behalf of opposite parties and as such opposite parties were proceeded against exparte vide order dated 16.06.2023 of this Commission.

3.                Complainant in her evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C5 and closed his evidence on 18.08.2023. 

4.                We have heard the complainant and have gone through material aspects of the case very carefully.

5.                In the present case it is not disputed that as per copy of ‘party ledger’ Ex.C2, complainant had deposited the amount of Rs.1100/- per month w.e.f. 31.08.2016 to 31.08.2022 i.e. for 72 months. Through these entries complainant had deposited a total amount of Rs.73700/-. As per Ex.C5 date of maturity is 15.09.2022. After the maturity of amount, complainant requested the opposite parties to refund the alleged amount alongwith interest but the alleged amount has not been paid by the opposite parties to the complainant despite his repeated requests. On the other hand, opposite parties did not appear despite service and were proceeded against exparte vide order dated 16.06.2023 of this Commission which shows that they have nothing to say in the matter and all the allegations leveled by the complainant regarding not refunding the maturity amount to the complainant stands proved. Hence there is deficiency in service on the part of opposite parties and opposite parties no.1 & 2 are jointly and severally liable to refund the alleged amount to the complainant. 

6.                In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party no.1 & 2 jointly and severally to pay the amount deposited by the complainant amounting to Rs.73700/-(Rupees Seventy three thousand and seven hundred only) alongwith interest @ 9% p.a. from the date of their respective deposits till its realization and also to pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision. 

7.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

06.10.2023.

                                                          ..................................................................

                                                          Nagender Singh Kadian, President

                                                          …………………………………..

                                                          Tripti Pannu, Member.

                                                          ………………………………….

                                                          Vijender Singh, Member.