Punjab

Ludhiana

CC/22/191

Amarjit Shah - Complainant(s)

Versus

Sahara Credit Cooperative Society Ltd - Opp.Party(s)

Ajay Chawla Adv

07 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 191 dated 11.05.2022.                                                        Date of decision: 07.10.2022.

 

Amarjit Shah son of Dashrath Shah, resident of Mangarh, Kohara, Ludhiana. PIN code:141112, M. 99146-26908.

                                                                                      ..…Complainant 

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1. Sahara Credit Cooperative Society Limited, having its registered office at Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow, Uttar Pradesh-226024 through its Chairman/President/Authorized Representative.

2. Sahara Credit Cooperative Society Limited having its authorized centre at Sahara India Pariwar, F.C. Office, 4372, Ground Floor, Swarn Complex, Gaispur Road, Lohara, Ludhiana through its Branch Manager/Authorized Representative.                                                                                                                                                                                      …..Opposite parties 

Complaint under Section 35 of the Consumer Protection Act,      2019.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Ajay Chawla, Advocate.

For OPs                          :         Exparte.

 

ORDER

PER K.K. KAREER, PRESIDENT

 

1.                In brief, the case of the complainant is that in the month of February 2015, an agent of the OPs approached the complainant and on his representation, the complainant started depositing money in the recurring deposits scheme of the OPs vide account No.60655600666 and membership No.60651500605. In all, the complainant deposited a sum of Rs.1,20,000/- with the OPs. However, subsequently, the amount was not refunded to the complainant though the complainant approached the OPs many times for the refund of the invested amount. This amounts to deficiency of service on the part of the OPs. In the end, it has been requested that the OPs be directed to refund a sum of Rs.1,20,000/- along with compensation of Rs.5,00,000/-.

2.                Upon notice, the OPs did not appear despite service through registered post and were proceeded against exparte.

3.                In exparte evidence, the complainant submitted affidavit Ex. CA along with documents Ex. C1 and Ex. C2.

4.                We have gone through the record and have heard the arguments advanced by the counsel for the complainant.

5.                In this case, the complainant claims to have deposited/invested a sum of Rs.1,20,000/- with the OPs in six years recurring deposit vide account No.60655600666 and membership No.60651500605, as stated in para No.3 of the complaint. The complainant has further placed on record the copy of the passbook in which the amount of Rs.1,20,000/- is shown to have been deposited with the OPs. The averments made in para No.3 of the complaint have not been controverted. Thus, the factum of deposit of Rs.1,20,000/- stands proved. As per the passbook Ex. C2, the complainant started depositing the amount w.e.f. 28.02.2015 and continued depositing till 30.07.2017. Admittedly, no amount has been returned to the complainant. In these circumstances, in our considered view, it would be just and proper if the OPs are made to refund the amount of Rs.1,20,000/- deposited with the OPs with interest @12% per annum  from 30.07.2017 till date of actual payment along with composite costs and compensation of Rs.20,000/-. 

6.                As a result of above discussion, the complaint is allowed exparte with an order that the OPs shall pay the amount of Rs.1,20,000/- to the complainant along with interest @12% per annum from 30.07.2017 till date of actual payment. The OPs shall further pay a composite costs and compensation of Rs.20,000/- (Rupees Twenty Thousand only) to the complainant. Compliance of order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:07.10.2022.

Gobind Ram.

Amarjit Shah Vs Sahara Credit                                                 CC/22/191

Present:       Sh. Ajay Chawla, Advocate for the complainant.

                   OPs exparte.

 

                   Arguments heard. Vide separate detailed order of today, the complaint is allowed exparte with an order that the OPs shall pay the amount of Rs.1,20,000/- to the complainant along with interest @12% per annum from 30.07.2017 till date of actual payment. The OPs shall further pay a composite costs and compensation of Rs.20,000/- (Rupees Twenty Thousand only) to the complainant. Compliance of order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:07.10.2022.

Gobind Ram.