Complaint filed on: 12-11-2020

                                                      Disposed on: 28-07-2021

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

CC.No.72/2020 

DATED THIS THE 28^th DAY OF JULY, 2021

PRESENT

SRI.C.V.MARGOOR, B.Com, L.L.M, PRESIDENT

SRI.KUMARA.N, B.Sc., L.L.B, MEMBER

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

Complainant: -                    

Sheerazulla Khan

S/o Hasmathulla Khan,

Aged about 38 years

R/o No.1260, 4^th Cross,

Vinobanagara, Tumakuru             

(By Sri.Kaleemulla.A, Advocate)

V/s

Opposite parties:-    

1. Sahara Q-Shop Unique

Products Range Ltd,

Sahara India Bhavan-1,

Kapoorthala Complex,

Aliganj, Lucknow-226024

2. The Sector –Head/Manager,

Sahara Credit Co-operative Society Limited, S.S.Puram Post office building,

SS Puram, Tumakuru-572102

(OP No.1-Exparte)

(OP No.2-By Sri.M.Balakrishna Bhat, Advocate)

ORDER

SRI.KUMARA.N, MEMBER

This complaint has filed by the complainant Sri. Sheerazulla Khan residing at Tumakuru to direct the opposite parties (herein after referred as OP Nos.1 and 2) to pay maturity amount of Rs.76,744-00 together with interest @ 18% p.a. from 23-11-2018 and Rs.20,000-00 towards general damages for the mental shock and agony suffered by the complainant.

2. The 1^st OP is the SAHARA-Q-SHOP unique products Range Ltd, Lucknow-226024 and the 2^nd OP is the branch office of the 1^st OP.  

3. It is the case of complainant that he had invested Rs.30,000-00 under “Q” Shop Plan-H (Plan-H) on 23-11-2012 in the OPs Society for 72 months which is matured on 23-11-2018 and maturity amount was Rs.76,744-00. The 2^nd OP has issued certificate bearing No.563000368417 and receipt No.71025918833. The complainant has approached the OPs for repayment of the invested amount after maturity date, but there was no response from the OPs. There after the complainant has got issued notice through his learned counsel on 19-9-2020 calling upon the OPs to pay the maturity amount with interest, the later despite the service of notice neither replied nor complied with notice. Hence, this complaint to direct the OPs to pay the maturity amount with interest at the rate of 24% per annum from 23-11-2018 and compensation. 

4. The 2^nd OP Manager in response to the notice appeared before this Commission on 28-12-2020 and presented vakalath filed by Sri.MBB and inspite of sufficient opportunity he did not care to file version. Thereafter the 2^nd OP not filed affidavit evidence.  The 1^st OP inspite of the service of notice was proceeded exparte.

5. The complainant filed affidavit evidence and produced the original deposit certificate issued by the OPs and documents marked Exs.P1 to P6.

6. We have heard the learned counsel for complainant and the points that would arise for determination are as under:

1)      Whether the complainant proves the deficiency in service on the part of OPs?

2)      Is complainant entitled to the reliefs sought for?

7. Our findings on the aforesaid points are as follows:

Point No.1: In the affirmative   

Point No.2: In the partly affirmative for the bellow

                  REASONS

          8. Point No.1 to 2: The learned counsel for the complainant submitted that the OPs inspite of opportunities given by this Commission did not care to contest the claim by filing defence.  The complainant in his affidavit evidence reiterated the averments of complaint. Ex.P5 is the original certificate No.562000268417 and receipt No.71025918833 issued by the 2^nd OP for receiving the deposit of Rs.30,000=00 from the complainant on 23-11-2012. This certificate proves that the OPs have agreed to repay the deposited amount with accrued interest on the maturity date i.e. 23-11-2018.

          9. On perusal of the certificate it can be believed that the OPs are running the finance business as such the complainant is a consumer under the CP Act. The complainant has produced legal notice dated 19-9-2020 calling upon the OPs to pay maturity amount of Rs.76,744-00. The documents produced by the complainant proves that the OPs have failed to return back the fixed deposit amount with accrued interest even after the expiry of maturity date i.e. 23-11-2018. Thus the OPs have committed deficiency in service by not returning the amount after maturity date. The OPs have withheld the amount payable to the complainant even after the maturity date as such they are liable to pay interest @ 8% p.a. from the date of maturity till its payment. That apart the OPs have compelled the complainant to approach this Commission as such he has suffered physically as well as mentally and for that the OPs shall liable to pay compensation of Rs.10,000=00. In the result, we proceed to pass the following;

ORDER

The complaint filed by the complainant is allowed with costs.

The OP Nos.1 and 2 are jointly and severally liable to pay to the complainant a sum of Rs.76,744-00 with interest @ 8% p.a. from 23-11-2018 till the date of payment.

It is further ordered that the OP Nos.1 and 2 shall pay compensation of Rs.10,000=00 and litigation cost of Rs.10,000=00 to the complainant within 30 days from the date of order. In case the OP Nos.1 and 2 fail to comply with the order then it carries interest @ 8% per annum from the date of filing complaint till the date of payment.       

Furnish the copy of order to the complainant and opposite parties at free of cost.

          (Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 28^th day of July, 2021).

LADY MEMBER                      MEMBER                   PRESIDENT