Punjab

Moga

CC/16/41

Surjan Singh - Complainant(s)

Versus

Gurmail Singh - Opp.Party(s)

Sh. Beant Singh Samra

09 Aug 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.

 

                                                                                      CC No. 41 of 2016

                                                                                      Instituted on: 19.01.2016

                                                                                      Decided on: 09.08.2016

 

Surjan Singh aged about 70 years s/o Sadhu Singh R/o Wada Fala, VPO Dhaleke, Tehsil and District Moga.

                                                                          ……… Complainant

 

Versus

1.       Gurmail Singh s/o Mohinder Singh, Director/Partner of Gill Brar Finance Co. Registered R/o Village Dhaleke, Tehsil and District Moga, now confined at Modern Jail, Faridkot.

 

2.       M/s Gill Brar Finance Co. Head Office Taptej Singh Market, Moga now at Amritsar Road, Near Bus Stand, Moga. 

 

                                                                           ……….. Opposite Parties

 

 

Complaint U/s 12/14  of the Consumer Protection Act, 1986.

 

 

Quorum:    Sh. Ajit Aggarwal,  President,

                   Smt. Vinod Bala, Member,

                   Smt. Bhupinder Kaur, Member.

 

Present:       Sh. Beant Singh Samra, Advocate Cl. for complainant. 

                   Sh. S.K. Sharma, Advocate Cl. for opposite parties.

 

 

ORDER :

(Per Ajit Aggarwal,  President)

1.                Complainant has filed the instant complaint under Section 12 and 14 of the Consumer Protection Act, 1986 ( hereinafter referred to as the "Act") against Gurmail Singh s/o Mohinder Singh, Director/Partner of Gill Brar Finance Co. Registered R/o Village Dhaleke, Tehsil and District Moga, now confined at Modern Jail, Faridkot and others (hereinafter referred to as the opposite parties) directing them to pay Rs. 49,908/- alongwith interest @ 12% p.a. till the realization of amount thereon and Rs. 50,000/- on account of mental tension, unnecessary harassment and deficient services to the complainant or any other relief which this Forum may deem fit or proper be also granted.

2.                Briefly stated the facts of the case are that opposite party no.1 is the Director/Partner of opposite party no.2. Opposite party no.2 use to take money from the peoples and thereafter return the same with interest. The complainant has deposited a sum of Rs. 60,508/- on 16.06.2014. Pass book was also issued to the complainant. On various date, the complainant has withdrawn some amount out of the deposited amount and regarding this entry of withdrawal amount was also entered on the pass book. On 03.01.2014, the complainant had withdrawn the amount lastly and regarding this entry was also entered on the pass book. After this an amount of Rs. 49,908/- was shown in the account of complainant which is also mentioned on the pass book of complainant. In the year, 2014, the complainant requested the opposite parties to make the payment alongwith interest thereof, but the opposite parties did not make any payment to the complainant. Both in law and equity the complainant is entitled to recover the amount in question alongwith interest thereon upto date. The opposite parties have not paid the said amount to complainant so far. The opposite parties have illegally, unjustly detained the amount of the complainant without any rhyme and reason. The complainant has suffered lot of mental tension, unnecessary harassment and damage on the part of opposite parties. The opposite parties were asked many a times to admit the rightful claim of the complainant, but they have refused to do so. Hence this complaint.

3.                Upon notice, opposite parties appeared through their counsel and filed written reply taking certain preliminary objections that the complaint u/s 12/14 of the Consumer Protection Act filed by the complainant is not maintainable; that this Forum has no jurisdiction to hear, try and decide the present complaint, as the alleged matter in dispute is relating to money and the alleged dispute of money is a matter of civil nature and can only be entertained by the civil court. So, the complaint is liable to be rejected out rightly on this sole ground only; that the complainant has no cause of action to file the present complaint, because there was or is no dealing of the complainant with the answering opposite parties; that the complainant is estopped to file the present complaint by his own act and conduct. The complainant himself know that there is no dealing with the answering opposite parties nor there is any such dispute between the parties and nothing is recoverable from the answering opposite parties, even then he has filed this false and frivolous complaint against the answering opposite party no.1, thus, he is clearly estopped to file the present complaint against the answering opposite parties; that the complainant has filed this false complaint in connivance with one Jagroop Singh of Village Dhalle Ke, Tehsil and District Moga, otherwise, the complainant is quite stranger for the answering opposite party; that the complaint is bad for non joinder of necessary parties. Other partner of firm M/s Gill Brar Finance Company is also necessary parties to this case. Daljit Singh Brar was managing partner of the firm and he was maintaining the account books of the firm and dealing with all the customers and general public. The documents, if any, have only been signed by said Daljit Singh. The answering opposite parties Gurmail Singh is an illiterate person and he knows only write the words of his name. All the account books were also being prepared by Daljit Singh Brar only. Both the partners of firm are equally liable and responsible for any loss, dispute or difference etc. Only one partner cannot be held responsible or liable for any act or deed on behalf of the firm. Thus, Daljit Singh Brar is liable and responsible equal to the answering opposite parties, so in the absence of other partner Daljit Singh Brar, the present complaint cannot be entertained and adjudicated properly. So, the complaint is liable to be dismissed with costs. On merits, the all other allegations made in the complaint have been denied and a prayer for dismissal of the complaint with special costs have been made.

4.                In order to prove the case, complainant Sh. Surjan Singh tendered in evidence his duly sworn affidavit Ex. C-1 and copy of pass book Ex. C-2 and closed the evidence. 

5.                In rebuttal, the opposite parties tendered in their evidence duly sworn affidavit of Sh. Gurmail Singh s/o Mohinder Singh Ex. OPs-1 and closed the evidence.

6.                We have heard the learned counsel for the parties and have very carefully gone through record placed on file.

7.                Learned counsel for the complainant argued that the opposite parties were running the finance company namely Gill Brar Finance Company, Head Office Taptej Singh Market, Moga now at Amritsar Road, Near Bus Stand, Moga and Gurmel Singh Gill son of Mohinder Singh is the Director/Partner of the said Finance Company. The finance company used to take money from the people and thereafter returned the same with interest. Complainant deposited a sum of Rs.60,508/- with opposite party no.1 on 16.06.2014 and in this regard the opposite parties issued a pass book, copy whereof is Ex.C-2. Thereafter, the complainant has withdrawn some amount out of the deposited amount and entry of withdrawal amount was also entered in the pass book. After this an amount of Rs. 49,908/- was shown in the account of the complainant, which is also mentioned in the pass book. In the Year 2014, the complainant approached the opposite parties and demanded the deposited amount back alongwith interest. But instead of refunding the amount, an entry of Rs. 49,908/- was made in the pass book on 03.01.2014. The opposite parties have retained the amount of the complainant without any reason. So, it is, therefore, contended that the opposite parties may be directed to pay the deposited amount alongwith upto date interest and it is further requested that compensation and costs of litigation may also be awarded in accordance with law.

8.                To rebut the aforesaid arguments, the learned counsel for the opposite parties has vehemently contended that there exist no relationship of consumer/service provider inter se the parties. The allegations are totally false and the complainant has filed this false complaint in connivance with one Jagroop Singh of Village Dhalle Ke, Tehsil and District Moga, otherwise, the complainant is quite stranger for the answering opposite party. The complaint is bad for non joinder of necessary parties. Other partner of firm M/s Gill Brar Finance Company is also necessary parties to this case. Daljit Singh Brar was managing partner of the firm and he was maintaining the account books of the firm and dealing with all the customers and general public. The documents, if any, have only been signed by said Daljit Singh. The opposite party no.1 i.e. Gurmail Singh is an illiterate person and he knows only write the words of his name. All the account books were also being prepared by Daljit Singh Brar only. Both the partners of firm are equally liable and responsible for any loss, dispute or difference etc. Only one partner cannot be held responsible or liable for any act or deed on behalf of the firm and it is contended that the instant complaint is false and frivolous and the same may be dismissed with costs.

9.                We have given thoughtful consideration to the rival contentions.

10.              The complainant in the complaint has categorically stated that opposite party no.1 was running finance company known as Gill Brar Finance Company at Moga and the complainant had opened an account with the said company and has also placed on record copy of the pass book Ex. C-2 in support of his contention. The complainant has further stated that he withdrawn some of the amount on various dates and entry of that withdrawal have also been made in the pass book. He has further stated that he approached opposite parties for return of the remaining deposited amount  i.e. Rs. 49,908/- alongwith upto date interest. But however, the opposite parties did not return the amount. In reply, the aforesaid facts have not been specifically denied. These allegations have been denied by simply stating that the fact were wrong, hence denied, which is not denial in the eyes of law. Thus, it becomes amply clear that Gurmel Singh Gill Brar opposite party no.1 was running a finance company known as Gill Brar Finance Company and he is the Director/Partner of the said concern and the complainant being the account holder of the said company is definitely proved to be a consumer under the opposite parties. A perusal of the copy of the pass book has reveal that an amount of Rs. 49,908/- was lying in credit in favour of the complainant on 03.01.2014 and the complainant wanted to get back the amount deposited alongwith stipulated interest, which the opposite parties have failed to re-pay. It amounts to deficiency in service. The complaint as framed is maintainable. The complainant is entitled to recover back the amount deposited by him. There is nothing on record for reaching the conclusion that the rate of interest agreed into in between the parties, but it was definitely a loan transaction. Therefore, the complainant is entitled to recover deposited amount of Rs.49,908/- alongwith interest @ 9% p.a. from 03.01.2014 till final realization. Further opposite parties are directed to pay Rs. 3000/- (Three thousand only) as compensation and Rs.2000/-(Two thousand only) as litigation  expenses. The complaint stands allowed accordingly. Compliance of the order be made within a period of 30 days from the date of receipt of copy of the order, failing which, complainant shall be entitled to proceed under Section 25 and 27 of the Consumer Protection Act. Copies of the order be sent to the parties free of costs immediately and thereafter the file be consigned to record room.

Announced in Open Forum

Dated: 09.08.2016

 

 

 

                        (Bupinder Kaur)                           (Vinod Bala)               (Ajit Aggarwal)

                              Member                                      Member                      President