DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

BATHINDA

C.C.No.161 of 12-05-2022

Decided on : 07.03.2023

Neelam Sharma W/o Naresh Paul, aged 40 years, R/o Ward No.5, Street No.1/10, Baba Farid Nagar, Bathinda.

........Complainant

Versus

1. Saharayn Universal Multipurpose Society Limited having its local office at 1^st floor, near Hotel Silver Star, Amrik Singh Road, Bathinda pincode 151005 through its authorized person/ branch manager.

2. Saharayn Universal Multipurpose Society Limited having its registered office at 195, Zone-1, in front of D.B. Mall, M.P Nagar Bhopal Madhya Pardesh Pincode 462011 through its Managing Director/ authorized person/ competent person.

3. Sahara Credit Co-operative Society Limited, Sahara India Bhawan-1, Kapurthala Complex, Ali Ganj Lucknow Pincode 226024 through its authorized person/ competent person.

.......Opposite parties

Complaint under Section 35 of the Consumer Protection Act, 2019

Quorum :

Sh. Lalit Mohan Dogra, President

Sh. Shivdev Singh, Member

Present :

For the complainant : Ms. Harpreet Kaur, Advocate.

For opposite parties : Ex-parte.

O R D E R

Lalit Mohan Dogra, President

1. The complainant Neelam Sharma (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Saharayn Universal Multipurpose Society Limited and others (here-in-after referred to as opposite parties).

2. Briefly stated, the case of the complainant is that the opposite parties have been getting deposits, from the general public, monthly, quarterly as well as half yearly on the promise of its return with interest. The opposite party No.1 is the branch office of the opposite party No.2 and the opposite party No.1 on behalf of the opposite party No.2 have been getting deposits at Bathinda and nearby villages and they have advertising in the general public by various means.

3. It is alleged that complainant purchased the scheme of the opposite parties known as SUPER BB and her membership number is 27001100448, certificate number 351000217708, receipt No.80014077043 dated 30.04.2011 worth Rs.10,000/- with maturity value of Rs.24,320/-; certificate number 351000217710 dated 30.04.2011 worth Rs.18,000/- with maturity value of Rs.43,776/- receipt No.80014077045 and certificate No.351000217711 dated 30.04.2011 receipt No. 80014077046 for Rs.18,000/ with maturity value of Rs.43,776/-; Rs.18,000/ deposited vide certificate No.351000217712, receipt No.80014077047 with maturity value of Rs.43,776/-; Rs.18,000/- deposited vide certificate No. 351000217713, receipt No.80014077048 with maturity value of Rs.43,776/-. In this manner, total deposited amount is Rs.82,000/- and maturity value of which is Rs.1,99,424/-. All the abovesaid policies were single premium policy and the said scheme was to be matured on 30.04.2019. Therefore, policy has already matured on 30.04.2019.

4. It is also alleged that complainant has several times approached the opposite parties and requested them to refund the amount of installments deposited by the complainant in the abovesaid scheme alongwith interest thereon, but the opposite parties did not pay any heed to the requests of the complainant.

5. The complainant has alleged that previously the other customer of the company like the complainant have approached Consumer Forums/Commissions through out India as well in Punjab and the opposite parties were directed to return the money of the complainant.

6. On this backdrop of facts, the complainant has prayed for directions to the opposite parties to pay Rs. 1,99,924/- with interest @ 18% p.a. from the date of deposit till payment and also pay Rs. 1,00,000/- as compensation besides Rs. 10,000/- as litigation expenses.

7. Registered A.D. Notice of complaint was sent to the opposite party but none appeared on their behalf. As such, exparte proceedings were taken against them.

8. The complainant led exparte evidence. In exparte evidence, the complainant has tendered his Affidavit dated 27.4.2021 (Ex.C-6), and documents (Ex. C-1 to Ex. C-5).

9. We have heard learned counsel for the complainant and gone through the record.

10. Perusal of receipts Ex. C-1 to Ex. C-5 clearly show that amount of Rs. 82,000/- has been deposited by complainant and the maturity value of the said amounts deposited by the complainant is Rs. 1,99,424/-. Since the opposite parties have failed to pay the promised maturity value to the complainant as promised, accordingly the said act and conduct on the part of the opposite parties amounts to deficiency in service.

11. Accordingly, this complaint is allowed with Rs. 5,000/- as cost. The opposite parties are directed to pay maturity value of Rs. 1,99,424/- to the complainant with interest @9% p.a. from the date of maturity till realization.

12. The compliance of this order be made by the opposite parties jointly and severally within 45 days from the date of receipt of copy of this order.

13. The complaint could not be decided within the statutory period due to heavy pendency of cases.

14. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.

    Announced :

    07-03-2023

    (Lalit Mohan Dogra)

    President

     

     

     

    (Shivdev Singh )

    Member