Chandigarh

DF-I

CC/215/2022

Ram Chandra - Complainant(s)

Versus

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

Deepak Aggarwal

09 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

 

Consumer Complaint No.	:	CC/215/2022
Date of Institution	:	17/02/2022
Date of Decision	:	09/02/2023

 

Ram Chandra S/o Bhergu Nath, #320 Industrial Area Phase-I, village Abheypur, Panchkula, 134113.  

 

… Complainant

V E R S U S

• Sahara Credit Co-operative Society Limited, Regd. Office : Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow 226024 through its Managing Director.
• The Branch Manager, Sahara Credit Co-operative Society Limited, 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
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

 

ARGUED BY	:	Sh. Ajay Singh Parmar, Adv. proxy for Sh. Deepak Aggarwal, Counsel for complainant
	:	Ishtneet Bhatia, Adv. For OPs (Defence of OPs already struck off)

Per Pawanjit Singh, President

• The present consumer complaint has been filed under Section 35 of the  Consumer Protection Act 2019 by the complainant against the opposite party (hereinafter referred to as the OP).  The brief facts of the case are as under -

• It transpires from the allegations as projected in the consumer complaint that OP-1 company had floated various schemes and invited public at large to invest amount in the schemes whereby lucrative incentives and interest was offered and on the assurance of the OPs, complainant had invested hard earned money in various scheme floated by OPs by depositing an amount of ₹2,07,000/-  in recurring deposit, which was having maturity date of 31.12.2020. However, the complainant deposited the money only uptill 15.03.2021 under the recurring deposit and did not further deposit the money because after deposit of the installment in March 2021 it came to notice of the complainant that Opposite Party company has no intention to pay the maturity value and further that they duped thousands of investors.  The complainant approached the OPs for refund of deposited amount alongwith interest @9% p.a. w.e.f. due dates of deposits. The OPs told the complainant that the said amount shall be directly transferred into his bank account. However, despite repeated requests, OPs had not released the aforesaid amount and in this manner the act of the OPs amounts to deficiency in service.  Thereafter the complainant had issued legal notice to the OPs on 12.2.2022, but, the same was not responded by them. OPs were requested several times to admit the claim, but, with no result. Hence, the present consumer complaint.

• Despite afforded ample opportunities to file written statement the OPs failed to file the same within the stipulated period of 45 days, thus, defence of OPs struck off vide order dated 4.10.2022..

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

• At the very outset, it may be observed that when it is an admitted case of the parties that complainant had deposited an amount of ₹2,07,000/-  with the OPs in the shape of recurring deposit (Annexure C-1)  which was to mature on 31.12.2020, the case is reduced to a narrow compass as it is to be determined if the complainant is entitled for the matured amount alongwith interest from the OPs, as is the case of the complainant, or if the consumer complaint of the complainant, being false and frivolous, deserves dismissal.
• Annexure C-1 is the copy of Ledger Statement issued by the OPs as per which complainant had deposited an amount of ₹2,07,000/-  with the OPs from 31.12.2014 to 15.03.2021.  Admittedly, the complainant had not continuously deposited the installments as per scheme but the amount of ₹2,07,000/-  deposited by the complainant with the OPs has not been paid by them to the complainant till date though the OPs have no right to retain the amount after the date of maturity.  Not only this, when it has come on record that the complainant had deposited the aforesaid amount after being allured of good returns and even after maturity of said invested amount, the maturity amount was not paid to him, it is clear on record that there is 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.

• 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 :-

to pay the maturity amount of ₹2,07,000/-  to the complainant alongwith interest @ 9% per annum from the date of  last deposit  i.e . 15.03.2021 till realization of the same.

to pay an amount of ₹20,000/- to the complainant as compensation for causing mental agony and harassment to him;

to pay ₹7,000/-  to the complainant as costs of litigation.

• 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.
• Pending miscellaneous application, if any, also stands disposed off.
• Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 09 /2/2023			Sd/- [Pawanjit Singh] President
			Sd/-
			[Surjeet Kaur] Member
			Sd/-
			Suresh Kumar Sardana
			Member