Complaint filed on: 07-11-2022

                                                      Disposed on: 10-03-2023

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE 10^th DAY OF MARCH, 2023

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER

SMT.NIVEDITA RAVISH, B.A., LLB.(Spl)., LADY MEMBER

Consumer Complaint No.171/2022 

B.N.A. Joshi S/o Prahaladchar,

Aged about 61 years,

R/at Shettihalli Gate,

Tumakuru.

(By Sri.B.A.Gururaja, Advocate)

V/s

1.       The Branch Manager/Sector Manager,

Sahara Credit Co-Operative Society Limited,

1^st Floor, Vidya Complex,

2^nd Cross, SS Puram, Tumkur-572 102.

2.       The Regional Manager,

          Sahara India Pariwar,

          Bo-1, Church Street, Brigade Road,

          Bangalore. 

          Now shifted to 4^th Cross, 5^th Main Road,

          Chamarajpet, Bangalore-18

(OPs – served absent)

:O R D E R:

SMT.G.T.VIJAYALAKSHMI, PRESIDENT

This complaint was filed by the complainant against the Opposite Parties under Section 35 of the Consumer Protection Act, 2019 with a prayer to direct the OPs to pay Rs.7,67,283/-  with interest @ 24% PA till the realization of the entire amount along with compensation of Rs.3,00,000/- and such other reliefs as this Hon’ble Commission deems fit to grant.  

2.         It is the case of complainant that, he had deposited the amount in “SAHARA.A.SELECT” SAHARA.M.BENEFIT and “SAHARA SPECIAL” as follows:

Further, the complainant submitted that after maturity of the said amount, the complainant approached the OP and requested to pay the maturity amount, but the OP dodged the same in one or the other pretexts and forced the complainant to re-deposit the total amount in some other scheme and refused to settle the account.  Hence, the complainant got issued legal notice through his counsel on 20.06.2022, but though received notice, the OPs did not pay the maturity amount with interest.  Hence, the complaint.  

3.         In spite of service of notice, the OPs remained absent.  The complainant counsel filed affidavit in lieu of evidence and marked the documents at Ex.C1 to C13. 

4.         On hearing the arguments of learned counsel for complainant and perusal of the documents, the points that would arise for determination are as under;

1. Whether the complainant proves the deficiency of service on the part of OPs?

2. Is complainant entitled to the relief sought for?

5.          Our findings aforesaid points are as under:

Point No.1: In the affirmative

Point No.2: As per the final order

:REASONS:

Point Nos.1 and 2:

6.         The learned counsel for the complainant submitted that, the OPs have failed to return the deposited amount and interest amount. The complainant in the affidavit evidence reiterated the averments of complaint.

7.         To prove the case, the complainant has produced Ex.C1 to C13. Ex.C1 & C2 are the xerox copy of the certificates, Ex.C3 is the account extract, Ex.C4 to C8 are also the xerox copy of the certificates, Ex.C9 is the Legal notice, Ex.C10 to C13 are the postal receipts, acknowledgement and postal cover.

8.         It is seen from the certificates that the complainant has deposited certain amount with the OPs under the scheme “SAHARA.A.SELECT” SAHARA.M.BENEFIT and “SAHARA SPECIAL” as follows:

9.         The counsel for complainant submits at the time of arguments that though the complainant requested the OPs several times to pay maturity amount, but the OPs did not pay the maturity amount and directed the complainant to re-deposit the amount under different scheme and finally refused to pay the maturity amount.  Hence, the complainant issued legal notice, but after receipt of the legal notice, the OPs remained silent.  The OPs have not produced any documents to disprove the allegation made by the complainant against them by appearing before this Commission.  This goes to show that there is a deficiency of service on the part of OPs. 

10.       Further, the interest claimed by the complainant on the maturity amount is on the higher side. Hence, to meet the interest of justice, it is just and proper to award the interest @ 9% p.a. (Present bank interest on the F.D.) on the maturity amount from the date of maturity to till payment.

11. Due to the deficiency in service and unfair trade practice of the OPs, the complainant compelled to approach this Commission.  Hence, the complainant is entitled for compensation of Rs.25,000-00 towards mental agony suffered by the complainant and Rs.10,000/- towards litigation expenses. In the result, we proceed to pass the following;

:ORDER:

The complaint filed by complainant is allowed in part. 

The OPs 1 & 2 are jointly and severally directed to pay the maturity amount to the complainant along with interest @ 9% p.a. from the date of maturity to till its realization as mentioned in the Table below;

Further, the OPs are jointly and severally directed to pay Rs.25,000/- towards compensation and Rs.10,000/- towards litigation expenses to the complainant.

Further, the OPs 1 & 2 are jointly and severally directed to comply the above order within 60 days from the date of receipt/knowledge of the order.  Failing which, the payable amount under the order shall carry interest @ 10% PA after lapse of 60 days to till realization.

Supply free copy of this order to both parties.