Haryana

Ambala

CC/306/2022

VARINDER KUMAR. - Complainant(s)

Versus

SAHARA INDIA PARIWAR. - Opp.Party(s)

SANDEEP KASHYAP

08 Jun 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	306 of 2022
Date of Institution	:	01.08.2022
Date of decision	:	08.06.2023

 

1. Varinder Kumar aged about 37 years S/o Sh. Roshan Lal,

2. Yashika aged about 15 years minor daughter of Sh. Varender Kumar, through    her father and natural guardian Varinder Kumar, both R/o Village Dhakola, District Ambala

…. Complainants

                                                Versus

1. Sahara India Pariwar, #5744-45, Ist Floor, Nicholson Road, Above Corporation Bank, Ambala Cantt-133001 (HR) through its Authorized Signatory
2. Humara India Credit Cooperative Society Limited, Registered Office; Mangal Jyoti, 101, 227/2, AJC Bose Road, Kolkata, West Bangal-700020 through its Managing Director

.…. Opposite Parties

 Before:       Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:       Shri Sandeep Kashyap, Advocate, counsel for the complainants.

                   OP No.1 already given up.

                   OP No.2 already ex parte vide order dated 19.10.2022.           

Order:        Smt. Neena Sandhu, President.

1.                Complainants have filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To pay the maturity amount of Rs.14990/- to complainant no.1 and Rs.16,809/-  to complainant no.2 alongwith interest @18% p.a from the date of maturity i.e. 28.09.2020,
2. To pay Rs.50,000/-, as compensation/damages for causing mental harassment and agony and financial losses and
3. To pay Rs.11,000/-, as litigation expenses.

Grant any other relief, which this Hon’ble Commission may deems fit.

2.           Brief facts of this case are that the OPs induced the complainants to invest money in FDRS Schemes launched by them for a period of 24 months and offered high rate of interest. As such, the complainants invested  following  amounts with the OPs under the scheme named GOLDEN 24:-
   1. Rs.11950/- vide FDR No.438000306946 dated 28.09.2018 in the name of complainant no.1  and the maturity amount was Rs.14990/- after 24 months.
   2. Rs.13,400/- vide FDR No.438000306945 dated 28.09.2018 in the name of complainant no.2 and the maturity amount was Rs.16809/- after 24 months.

3.           It has been stated that after expiry of maturity dates of the said FDRs i.e. 28.09.2020, the complainants started requesting the OPs, a number of times, to pay them the maturity amount but they started lingering on the matter and did not pay the same. Hence this complaint.  
4.           On 24.02.2023, learned counsel for the complainants suffered a statement that he wants to give up OP No.1 from array of parties, which was accepted by this Commission.
5.           Upon notice, none appeared on behalf of the OP No.2, before this Commission, therefore, it was proceeded against ex-parte vide order dated 19.10.2022.
6.           Learned counsel for the complainants tendered affidavit of the complainant No.1 as Annexure C-X alongwith documents as Annexures C-1 to C-4 and closed the evidence on their behalf.
7.           We have heard the learned counsel for the complainants and have also carefully gone through the case file.
8.           Learned counsel for the complainants submitted that by not making payment of the maturity amounts, referred to above, after the maturity date(s), the OPs have indulged into unfair trade practice and are also deficient in providing service, for which they need to be penalized. 
9.           It may be stated here that it is coming out from the record Annexure C-1 and C-2 that the OPs had received Rs.11950/- vide FDR No.438000306946 dated 28.09.2018, Annexure C-1 from complainant no.1  and the maturity amount was Rs.14990/- after 24 months.  Similarly, an amount of Rs.13,400/- vide FDR No.438000306945 dated 28.09.2018 also stood received by the OPs from complainant no.2 and the maturity amount was Rs.16809/- after 24 months. On the other hand, there is nothing on record which could reveal that the said maturity amounts stood paid by the OPs to the complainants.  It is significant to mention here that, as stated above, notice of this complaint was sent to OP No.2 seeking its version, yet, nobody appeared on its behalf, despite service,  as a result whereof, it was proceeded ex-parte vide order dated 19.10.2022. This act of OP No.2 draws an adverse inference against it. The non-appearance of the OP No.2 shows that it has nothing to say in its defence against the allegations made by the complainants. Therefore, the assertions of the complainants went unrebutted & uncontrverted. In this view of the matter, the complainants are held entitled to the  respective maturity amounts, referred to above, alongwith interest and also compensation for mental agony and harassment, which that will meet the ends of justice.
10.           In view of the aforesaid discussion, we hereby partly allow the present complaint against OPs and direct them, in the following manner:-

1. To pay the maturity amount of Rs.14,990/- to complainant no.1 and Rs.16,809/- alongwith interest @6% p.a. from 28.09.2020 i.e.  the date of maturity onwards till realization. 
2. To pay Rs.5,000/-, as compensation for the mental agony and physical harassment, caused to the complainant.
3. To pay Rs.3,000/- as litigation expenses.

 

11.           However, this Commission is aware of the fact that vide order dated 29.03.2023, having been passed by the Hon’ble Supreme Court of India in Writ Petition No.191 of 2022 titled as Pinak Pani Mohanty Vs. Union of India and Ors. wherein, the Hon’ble Supreme Court has directed that out of Rs.500 crores which is to be transferred from SEBI to Central Registrar of Cooperative Societies, thereafter the same can be disbursed to the legitimate depositors of Sahara Group of Cooperative Societies, within a period of nine months from 29.03.2023. In this view of the matter, the complainant is therefore directed to approach the Central Registrar of Cooperative Societies/Authority concerned, as per order dated 29.03.2023 to recover the awarded amount because the said FDRs have been acknowledged by Sahara India Pariwar by affixing their stamps.  A copy of the order dated 29.03.2023 be also sent to the parties, alongwith certified copy of this order, by retrieving the same from the earlier orders passed against OP No.2. File be indexed and consigned to record room. Announced:- 08.06.2023

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President