Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                                   Complaint No. : 204

                                                                   Instituted on     : 13.04.2023

                                                                   Decided on       : 26.10.2023.

Yashpal Singh son of Sh. Prem Singh resident of Village Bohar Tehsil & District Rohtak.

                                                                                       ………..Complainant.

                                                Vs.

The Manager, Sahara India, Ganga Palace Complex, Subhash Road, Rohtak.

……….Opposite party.

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

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR.TRIPTI PANNU, MEMBER.

                   DR.VIJENDER SINGH, MEMBER

Present:       Sh. Rinku Jangra, Advocate for complainant.

                   Opposite party already exparte.

ORDER

VIJENDER SINGH, MEMBER:

1.                Brief facts of the case as per complainant are that on 05.12.2013, he had opened one RD account in the company of opposite party vide RD No. 20874801836 and membership no.20871301090. He had deposited all the installments with the opposite party on time. It is further submitted that he deposited a total amount of Rs.60,000/- i.e. Rs.1000/- per month for the five years with the opposite party in context of the above said RD.  On completion of five years, the amount of maturity was to be disbursed by the opposite party to the complainant but they did not pay any single penny to the complainant. Thereafter complainant approached to the office of opposite party for disbursement of amount and also filed one representation dated 10.02.2020 with the opposite party. At that time, the officials of the opposite party assured the complainant that the amount would be disbursed to her as early as possible. But due to lockdown in the country, the company was closed during that period and complainant could not approach to the opposite party for disbursement of maturity amount. After lockdown, complainant again visited to the office of the opposite party and requested them to disburse the maturity amount and further filed one representation dated 10.01.2023 but they did not pay any heed towards the genuine requests of the complainant. The act and conduct of the opposite party is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite party may kindly be directed to disburse the maturity amount of Rs.60,000/- alongwith interest from the date it becomes due till the date of actual realization. It is also prayed that opposite party may also be directed to pay Rs.20,000/- as harassment and Rs.11,000/- as litigation expenses to the complainant.

2.                After registration of complaint, notice was issued to the opposite party, but none has appeared on its behalf. As such, opposite party was proceeded against exparte vide order dated 14.06.2023 of this Commission.  

3.                Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C7 and closed his evidence on 16.10.2023. 

4.                We have heard learned counsel for 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 receipt Ex.C2 and detail of installments mentioned in Ex.C3, complainant had deposited the amount of Rs.60,000/- i.e. Rs.1000/- per month installment with the opposite party. After the maturity of amount, complainant requested the opposite party to refund the alleged amount alongwith interest but the alleged amount has not been paid by the opposite party to the complainant despite his repeated requests. On the other hand, the opposite party did not appear and proceeded against exparte. As such it is presumed that they have nothing to say in the matter and all the allegations leveled by the complainant against the opposite party regarding not refunding the maturity amount stands proved. Hence there is deficiency in service on the part of opposite party and opposite party is 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 to pay the amount deposited by the complainant through entries mentioned in mode of installments Ex.C3 amounting to Rs.60,000/-(Rupees sixty thousand only) alongwith interest @ 9% p.a. from the date of maturity i.e. 05.12.2018 to  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 party free of costs. File be consigned to the record room after due compliance.

Announced in open court:

26.10.2023.

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                                                          Nagender Singh Kadian, President

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

                                                          Tripti Pannu, Member.

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

                                                          Vijender Singh, Member.