Chandigarh

DF-II

CC/752/2021

Ashish Gupta - Complainant(s)

Versus

Saharayan Universal Multipurpose Society Ltd. - Opp.Party(s)

Adv. Deepak Aggarwal

27 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	752/2021
Date of Institution	:	27.10.2021
Date of Decision	:	27.01.2023

 

                                               

                  

 

Ashish Gupta s/o Rajeev Kumar Gupta, # 1254, Sector 4, Panchkula-134112.

          ...  Complainant.

Versus

1. Saharayn Universal Multipurpose Society Ltd., (Registered under Multi State Cooperative Societies Act, 2002, Regd. No.MSCS/CR/935/2014), Regd. Office: 195, Zone 1, In Front of D.B.Mall, M.P. Nagar, Bhopal, Madhya Pardesh-462011.
2. The Branch Manager, Saharayn Universal Multipurpose Society Ltd., Sahara Parivar, SCO No.541, 2nd Floor, Gali No.5, Keshoram Complex, Burail, Sector 45, Chandigarh.

Second Address:-Sahara India, SCO No.1110-1111, Sector 22-B, Chandigarh

Third Address: Sahara India Parivar, SCO 84/A, Shahi Mazra, Balongi Road, Mohali, Punjab.

…. Opposite Parties.

 

BEFORE:  

SHRI AMRINDER SINGH SIDHU, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI B.M.SHARMA, MEMBER

 

Present:-

                   Sh.Deepak Aggarwal, Adv. for the complainant

                   OPs exparte.

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.           By dint of this common order, we propose to dispose of two (2) connected consumer complaints in which common questions of law and fact are involved.
2.           The particulars of the case and the details of the amount deposited by the complainant (s) in the scheme of the OPs is as under:-

1	2	3	4	5	6	7
Sr. No.	C.C. No.	Complainant’s Name	Certificate No.	Amount Deposited (In Rs.)	Maturity Amount (in Rs.)	Date of Deposit
	752/2021	Ashish Gupta	795000159150	43804/-	87608/-	21.01.2016
	753/2021	Ashish Gupta	795000159149	61615/-	123230	21.01.2016

3.           The facts are gathered from C.C.No.752/2021- Ashish Gupta Versus Saharayn Universal Multipurpose Society Ltd. and another.  
4.           The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 as amended up-to-date alleged therein that the OPs-Company floated various schemes and invited public at large to invest amount therein whereby lucrative incentives and interest was offered.  Being allured by the scheme of the OPs, on 21.01.2016, the complainant invested the amount as stated in the table above under the fixed deposit scheme of the OPs for a period of 64 months (Annexure C-1).  After the date of maturity, the complainant requested the OPs to release the maturity amount(s) and the complainant was told that the amount was to be directly transferred into the Bank account initially given to the OPs but the same was never done.  It has further been averred that the complainant visited the office of the OPs number of times for refund of the maturity amount along with interest and even served a legal notice (Annexure C-2) in this regard upon the OPs but to no effect. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the instant complaint with a prayer that the OPs be directed to refund the deposited amount along with interest, compensation for mental agony and physical harassment, litigation expenses etc.         
5.           The OPs initially appeared through their advocate and filed memo of appearance but subsequently, nobody put in appearance on their behalf to file the vakalatnama, reply and evidence by way of affidavit and as such, they were ordered to be proceeded against exparte vide order dated 21.09.2022.
6.           The complainant led evidence by way of affidavit and documents.
7.           We have heard the learned counsel for the complainant and gone through the documents on file. 
8.           In the exparte evidence, the complainant has tendered his duly sworn affidavit reiterating the averments as made in the complaint and a photocopy of receipt as Annexure C-1 which corroborates the version of the complainant that the complainant had invested the aforesaid amount(s) under the scheme of the OPs. In the said receipt (Annexure C-1), Sneh Gupta is the nominee of the complainant. The complainant has specifically deposed in the affidavit that the complainant repeatedly requested the OPs to release the maturity amount(s) and also served a legal notice in this regard upon the OPs but they failed to release the same.
9.           Pertinently, the opposite parties, in spite of putting in appearance through their Counsel, chose not to file their vakalatnama, written reply and evidence, controverting the averments of the complainant, despite the fact that the case was adjourned for the said purpose.  Ultimately they were ordered to be proceeded against exparte.  Therefore, the stand of the complainant goes un-rebutted. 
10.           The complainant has not been able to place on record any documentary evidence to show the maturity amount as mentioned in the complaint. In the absence of the same, we are of the view that that, it would be proper and fair if the OPs are directed to refund the deposited amount to the complainant along with 9% p.a. interest from the date of its deposit till its realization.
11.           Similar facts have been pleaded in another connected complaint and similar evidence has been led in it.  Therefore, in both these cases, deficiency in service as well as unfair trade practice on the part of the OPs is proved.
12.           In view of the above discussion, both the consumer complaints deserve to succeed against the OPs and the same are accordingly partly allowed. The OPs are directed as under :-
    1.           to refund the deposited amount to the respective complainant(s) along with interest @ 9% from the respective date of its deposit till its actual payment to the respective complainants.  
    2. to pay ₹7,000/- to the respective complainant(s) as compensation on account of mental agony and physical harassment in each case.
    3. to pay ₹7,000/- to complainant as costs of litigation in each case.
13.          This order be complied with by OPs within 60 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(ii) shall also carry interest @ 9% per annum from the date of this order till its actual payment to the complainant(s) besides compliance of other directions.
14.           The pending application (s), if any, stands disposed of accordingly.
15.           Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced 27/01/2023
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (PRITI MALHOTRA) MEMBER
	Sd/- (B.M.SHARMA) MEMBER