Chandigarh

DF-I

CC/853/2021

Devinder Kumar - Complainant(s)

Versus

Humara India Credit Co-operative Society Limited - Opp.Party(s)

Deepak Aggarwal

02 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/853/2021
Date of Institution	:	06/12/2021
Date of Decision	:	02/01/2023

 

Devinder Kumar s/o Sh. Karan Singh, Flat No.16-B, Pocket A, Ashiana Complex, Sector 26, Panchkula, Haryana 134116.

… Complainant

V E R S U S

1. Humara India Credit Cooperative Society Limited, Regd. Office : Mangal Jyoti, 101, 227/2 AJC Bose, Kolkata, West Bengal 700020 through its Managing Director.
2. The Branch Manager, Humara India Credit Cooperative Society Ltd., Sahara Parivar, SCO No.541, 2^nd Floor, Gali No.5, Keshoram Complex, Burail, Sector 45, Chandigarh.

Second Address : Sahara India, SCO No.1110-1111, Sector 22-B, Chandigarh.

Third Address : Sahara India Parivar, SCO 84/A, Shahi Mazra, Balongi Road, Mohali, Punjab.

… Opposite Parties

 

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	SHRI SURESH KUMAR SARDANA	MEMBER

                                                                       

 

ARGUED BY	:	Sh. Devinder Kumar, Vice Counsel for Sh. Deepak Aggarwal, Counsel for complainant
	:	OPs ex-parte.

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by Sh.Devinder Kumar, complainant against the opposite parties (hereinafter referred to as OPs). The brief facts of the case are as under :-

1. It transpires from the allegations as projected in the consumer complaint that OPs had floated various schemes, whereby they offered lucrative incentives and interest. Complainant fell prey to such assurances and invested hard earned money of ₹1,80,000/- with them in recurring deposit bearing account No.23976404782 which was to mature on 29.6.2021.  The complainant deposited money uptil 28.8.2021. After the date of maturity, when the complainant approached the OPs for refund of the matured amount of ₹2,32,000/-, he was informed that the said amount shall be transferred in his account.  Thereafter, the OPs refused to release the maturity amount. Since the maturity amount has not been released by the OPs in favour of complainant, the said act of the OPs amounts to deficiency in service and unfair trade practice on their part.  OPs were requested several times to admit the claim, but, with no result. Hence, the present consumer complaint.
2. OPs were properly served and Sh. Nitin Sharma, Advocate put in appearance on their behalf.  However, subsequently neither reply and evidence were filed nor anybody put in appearance on their behalf, therefore, vide order dated 26.12.2022 they were proceeded against ex-parte.

2. In order to prove his case, complainant tendered/proved his evidence by way of affidavit and supporting documents.
3. We have heard the learned counsel for the complainant and also gone through the file carefully.

1. At the very outset it may be observed that when it is an admitted case of the complainant that he had deposited an amount of ₹1,80,000/- with the OPs in the aforementioned recurring deposit account, as is also evident from extract of the member ledger statement (Annexure C-1), the case is reduced to a narrow compass as it is to be determined if the complainant is entitled for the reliefs i.e. refund of the aforesaid amount alongwith interest and compensation, as prayed for.
2. Perusal of Annexure C-1 clearly reveals that the complainant had deposited the amount of ₹1,80,000/- with the OPs by way of 58 installments. This document further shows the account opening date as 29.6.2016 and the maturity date as 29.6.2021.  Thus, when it has come on record that despite requests the aforesaid matured amount has not been refunded to the complainant, the same amounts to deficiency in service and unfair trade practice on the part of OPs and they are liable to refund the said amount alongwith interest and compensation, especially when the entire case set up by the complainant in the consumer complaint as well as the evidence available on record is unrebutted by the OPs.

4. In the light of aforesaid discussion, the complainant has successfully proved that there is deficiency in service on the part of OPs and the present consumer complaint partly succeeds, the same is hereby partly allowed and OPs are directed as under :-

1. to pay to the complainant maturity amount of ₹2,32,000/- alongwith interest @ 9% per annum w.e.f. 29.6.2021 i.e. date of maturity, till its realisation.
2. to pay an amount of ₹35,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹5,000/-  to the complainant as costs of litigation.

5. This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
6. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 02/01/2023 hg			Sd/- [Pawanjit Singh] President
			Sd/- [Suresh Kumar Sardana] Member