Versus
- Sahara Credit Cooperative Society Limited, Through its Manager/Authorized Officer, S.O. Sahil Plaza, 4th Floor, SCF: 23-24, Block-D, Model Town Extension, Dugri Road, Ludhiana (Punjab)-141001.
- Sahara Credit Cooperative Society Limited, Through its Manager/Authorized Officer, Registered Office at Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow (Uttar Pradesh)-226024.
- Shri Ashu Bhardwaj, Sahara Credit Cooperative Society Limited, Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow (Uttar Pradesh)-226024
- Shri Shiv Shanker, Sahara Credit Cooperative Society Limited, Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow (Uttar Pradesh)-226024. Contact: 94639-88093.
- Shri Anoop, Sahara Credit Cooperative Society Limited, Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow (Uttar Pradesh)-226024. Contact: 99586-93537. …..Opposite parties
Complaint Under Section 35 of the Consumer Protection Act.
QUORUM:
SH. SANJEEV BATRA, PRESIDENT
SH. JASWINDER SINGH, MEMBER
MS. MONIKA BHAGAT, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Sh. Shubham Pabbi, Advocate.
For OPs : Exparte.
ORDER
PER MONIKA BHAGAT, MEMBER
1. Briefly stated, the facts of the case are that opposite party No.1 and 2 is the cooperative society and opposite party No.3 to 5 are the agents of opposite party No.1 and 2. On 31.12.2018, the complainant deposited a sum of Rs.3,43,000/- under Sahara A Select Scheme of the opposite parties vide FDR receipt No.80800095867 and account No.24297201922 to be matured on 30.06.2020 with maturity amount of Rs.3,98,909/-. After the maturity period, the complainant approached the opposite party No.1 and 2 for encashment of the FDR but they kept lingering on the matter on one pretext or the other. Thereafter, the complainant approached opposite party No.3 to 5 with a request to look into the matter but they also did not provide any satisfactory response. The complainant also sent a legal notice dated 22.04.2022 upon the opposite parties through her counsel Sh. Shubham Pabbi, Advocate but to no avail. Therefore, the complainant filed the present complaint asserting that the act and conduct of the opposite parties amounts to deficiency in service and further prayed for refund of the amount of Rs.3,98,909/- along with interest and compensation to the tune of Rs.50,000/- on account of mental agony, harassment and distress. The complainant also claimed litigation expenses to the tune of Rs.30,000/-.
2. Notice was sent to the opposite parties on 18.06.2022 but none turned up on behalf of the opposite parties and as such, the opposite parties were proceeded against exparte vide order dated 31.08.2022.
3. In evidence, the complainant tendered her affidavit as Ex. CA and reiterated her averments of the complaint. The complainant also placed on record Ex. C1 copy of receipt No.80800095867, Ex. C2 legal notice dated 22.04.2022 and closed the evidence.
4. We have heard the counsel for the complainant and also gone through the complaint, affidavit and documents annexed by the complainant.
5. In her affidavit Ex. CA, the complainant has reiterated the entire case as set forth in the complaint. The complainant has further proved on record the copy of receipt Ex. C1 issued by the opposite parties at the time the amount of Rs.3,43,000/- was invested having maturity amount of Rs.3,98,909/- with date of maturity on 30.06.2020. The opposite parties were supposed to pay the maturity amount of Rs.3,98,909/- to the complainant on its maturity. The said amount was not released by the opposite parties despite the repeated requests and visits by the complainant. The act and conduct of the opposite parties first in inducing the complainant by lucrative offer to invest her hard earned money and then subsequently delaying agreed payment amount to deficiency in service. Rather it appears that the opposite parties had dishonest intentions to cheat since the inception of the dealing between the parties. In these circumstances, it would be just and proper if the opposite parties are directed to pay the maturity amount of Rs.3,98,909/- along with interest @8% from 30.06.2020 till date of actual payment along with composite costs of Rs.10,000/-.
6. As a result of above discussion, the complaint is allowed exparte with an order that the opposite parties shall be jointly and severally liable to pay the maturity amount of Rs.3,98,909/- to the complainant along with interest @8% per annum from 30.06.2020 till date of actual payment. The opposite parties shall further pay a composite compensation of Rs.10,000/- (Rupees Ten 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.
(Monika Bhagat) (Jaswinder Singh) (Sanjeev Batra) Member Member President
Announced in Open Commission.
Dated:27.01.2023.
Gobind Ram.
Gita Lakra Vs Sahara Credit Coop. Society Limited CC/22/218
Present: Sh. Shubham Pabbi, Advocate for complainant.
OPs exparte.
Learned counsel for the complainant closed evidence after tendering affidavit Ex. CA along with documents Ex. C1 and Ex. C2.
Arguments heard. Vide separate detailed order of today, the complaint is allowed exparte with an order that the opposite parties shall be jointly and severally liable to pay the maturity amount of Rs.3,98,909/- to the complainant along with interest @8% per annum from 30.06.2020 till date of actual payment. The opposite parties shall further pay a composite compensation of Rs.10,000/- (Rupees Ten 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.
(Monika Bhagat) (Jaswinder Singh) (Sanjeev Batra) Member Member President
Announced in Open Commission.
Dated: 27.01.2023.
Gobind Ram.
