Before the District Consumer Disputes Redressal Forum, Rohtak.

                                                                   Complaint No. : 203

                                                                   Instituted on     : 01.04.2022

                                                                   Decided on       : 04.10.2023

Virender Dagar age 52 years, son of Sh. Natha Singh, resident of village Morkheri, District Rohtak.

                                                                      ………..Complainant.

                                                Vs.

1. Sahara Credit Co operative Society Limited, Registered office Sahara India Bhawan 1, Kapoorthala Complex, Aliganj, Lucknow-226024 service through Sahara India Office at Second floor Ganga Place Complex, Subhash Road, Rohtak.
2. Director/Managing executive Sahara Credit Co Operative Society Limited, Registered office Sahara India Bhawan,1, Kapoorthala Complex, Aliganj Lucknow-226024 Service through Sahara India Office at Second floor Ganga Place Complex, Subhash Road, Rohtak.

……….Opposite parties.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR.TRIPTI PANNU, MEMBER.

                   DR.VIJENDER SINGH, MEMBER

Present:       Sh. Sameer Gambhir, Advocate for complainant.

                   Sh. Jasvir Kundu, Advocate for opposite parties.

                                      ORDER

TRIPTI PANNU, MEMBER:

1.                Brief facts of the case as per complainant are that the complainant had deposited his hard earned money of Rs.100000/- in the fixed deposit scheme of opposite parties on dated 09.07.2012 and the date of maturity of the same wa 09.07.2020 and maturity amount  was Rs.261200/-. After the date of maturity, complaisant approached to the opposite parties for getting the maturity amount but the officials of the opposite parties assured for payment after some time. Complaisant had visited the office of opposite parties time and again for getting the maturity amount but the same has not been paid to the complainant. It is further submitted that opposite party No.1 & 2 are controlling and managing the office, liabilities, investment and affairs of Sahara Credit Co operative Society Limited, so the respondent no.1 & 2 are jointly and severally liable to pay the alleged amount. The maturity amount has not been paid by the opposite parties despite repeated requests of the complainant. 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 pay the maturity amount  alongwith interest @12% p.a. from the date of maturity till the date of actual realization and also to pay compensation of Rs.1,00,000/-  on account of harassment and deficiency in service, to impose penalty of Rs.100000/- upon the opposite parties towards mental agony and suffering etc. and also to pay Rs.11000/- as litigation expenses to the complainant.

2.                On notice, opposite parties appeared and but failed to file reply despite availing sufficient opportunities. Hence defence of opposite parties was struck off vide order dated 14.03.2023 of this Commission.  

3.                Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C2 and closed his evidence on 03.05.2023. 

4.                We have heard learned counsel for the parties 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.C1, complainant had deposited the amount of Rs.100000/- vide Certificate No.351006247845  and the date of maturity is 09.07.2020. 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, the opposite parties failed to file any reply despite availing sufficient opportunities and hence the defence of the opposite parties was struck off. As such it is presumed that they have nothing to say in the matter and all the allegations leveled by the complainant regarding not refunding the maturity amount 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 maturity amount  of FDR Ex.C1 amounting to Rs.261200/-(Rupees two lac sixty one thousand and two hundred only) alongwith interest @ 9% p.a. from dated 09.07.2020 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 parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

04.10.2023.

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

                                                          Nagender Singh Kadian, President

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

                                                          Tripti Pannu, Member.

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

                                                          Vijender Singh, Member.