BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.
Complaint Case No. 37 of 2020
Date of Institution: 9.6.2020
Date of Decision: 15.11.2022
Rajesh Devi wife of Vijay, aged about 38 years and permanent resident of village and post office Birohar, Tehsil Matanhail, District Jhajjar.
….Complainant.
Versus
- Manager, Sahara Credit Cooperative Society Limited, Above Dr. Goyal Hospital, Loharu road, Charkhi Dadri.
- MD/CEO, Sahara Credit Cooperative Society Ltd. Registered Office Sahara India Bhawan, Kapoorthala Complex, Aliganj, Lucknow-226024.
COMPLAINT UNDER THE
CONSUMER PROTECTION ACT.
Before: - Hon’ble Sh. Manjit Singh Naryal, President
Hon’ble Ms. Shashi Kiran Panwar, Member.
Present: Sh. Anand Singh Dabas, Adv. for complainant.
Sh. Manoj Kumar, Adv. for OPs.
ORDER:-
MANJIT SINGH NARYAL PRESIDENT
Brief facts of the present complaint, according to the complainant, are that being attracted by the benefits as explained by the OP No.1, the complainant had invested total amount of Rs. 1,35,000/-with the OPs on 22.10.2018 and for this purpose, the OPs issued nine short duration term deposit certificates of Rs. 15,000/-each as per detail mentioned in para No.2 of the present complaint. It is averred that the complainant is entitled for total maturity amount of Rs. 1,57,965/-after the maturity period of said certificates/TDs. But it is averred that the OPs failed to pay the said maturity amount to the complainant despite completion of entire required formalities for payment of maturity amount by the complainant. It is prayed by the complainant that the OPs be directed to pay the maturity amount of the certificates i.e. total Rs. 1,57,965/-along with interest, compensation and the litigation expenses besides any other relief which this Commission may found deem fit and proper.
2. Upon notice, the OPs appeared and filed their written statement stating that there is no relationship of consumer and service provider between the complainant and the answering respondents, hence, the complainant is not a consumer of OPs. It is averred that the respondents are the society duly registered under the Multi State Cooperative Society Act, 2002 and the complainant is member of the society. Therefore, the present complaint is liable to be dismissed being not maintainable. It is averred that if the complainant who is a member of the society has any grievance or dispute with the society, the complainant is bound to refer his dispute before Arbitrator as per terms and conditions of the contribution of the scheme Sahara Credit Cooperative Society Limited. The opposite party is not collecting the funds from the general public for the purpose of investment, rather the members of the society made contribution to the society and the payment if any the same was strictly payable as per terms and conditions of the contribution. It is averred that the complainant never approached to the respondents for the amount which he has claimed. The complainant has no right to claim against the terms of agreement. It is averred that the complainant is not entitled to get any relief from the Hon’ble Commission and accordingly, dismissal of complaint been sought by the OPs.
3. In the evidence, the complainant has tendered into evidence affidavit Ex. CW-1/A and documents Ex. C-1 to Ex. C-9 and closed the evidence on 16.3.2021.
On the other hand, the OPs by making a statement before this Commission requested to read his written statement as evidence of OPs also and closed the evidence on 27.4.2022.
4. We have heard the arguments of learned counsel for both the parties and have gone through the entire evidence placed on record by the parties very carefully and minutely.
During the course of arguments, the learned counsel of complainant reiterated the contents of complaint filed by the complainant and the learned counsel for the OPs reiterated the contents of their written statement and drawn the attention of this Commission towards the documents so placed on record by the parties.
5. After hearing the counsel for both the parties, going through the entire case file and perusing the documents placed on record very carefully and minutely, we have observed that in the present complaint, the complainant by filing her affidavit (Ex. CW-1/A), has corroborated the contents of her complaint as true and correct, and has further placed on record nine certificates i.e. bearing No. 787003220599 to 787003220606 (i.e. Ex. C-1 to Ex. C-8) issued under Sahara Special Fix Scheme and certificate No. 787003220606 (Ex. C-9) issued under Sahara A. Select Scheme. On perusal of aforementioned certificates (Ex. C-1 to Ex. C-8), we have observed that the amount of Rs. 15,000/-each vide eight certificate on 22.10.2018 under Sahara Special Fix scheme and Rs. 15,000/-vide certificate No. 925005776559 on 22.10.2018 under Sahara A. Select scheme have been found deposited in the name of complainant. On all the said certificates/TDs (Ex.C-1 to Ex. C-9), the maturity date as 22.4.2020 and the maturity amount payable as Rs. 17,565/-each on certificates (Ex. C-1 to Ex. C-8) and maturity value payable as Rs. 17,445/-on certificate (Ex. C-9) is mentioned.
6. From the unrebutted evidence of complainant produced in the form of certificates (TDs) Ex. C-1 to Ex. C-9 and corroborated by affidavit (Ex. CW-1/A) filed by complainant, it is established that by not refunding the deposited amount on maturity date of the said scheme to the complainant, the OPs seems to have acted in a deficient and negligent manner towards the complainant in not paying the maturity amount under the terms and conditions of the said scheme, so introduced by them (OPs).
7. In the result, we hereby direct the OPs to pay the said maturity amount of Rs. 17,565/-each for certificate Nos. 787003220599 to 787003220606 (Ex. C-1 to Ex. C-8) and maturity amount of Rs.17,445/-for certificate No. 925005776559 (Ex. C-9) i.e. total Rs. 1,57,965/-to the complainant along with 9% p.a. rate of interest from the date of final maturity of said certificates i.e. 22.4.2020 (as mentioned on short term certificates (Ex. C-1 to Ex. C-9) till its final payment.
8. The OPs are also directed to pay a sum of Rs. 5000/-(Rs. Five Thousand Only) on account of mental agony, harassment etc. and Rs. 5000/-(Rs. Five Thousand Only) as litigation expenses to the complainant.
9. The present complaint stands allowed in the manner as indicated above.
10. The above order be complied within 45 days from the date of receiving the copy of this order.
11. Certified copies of order be supplied to the parties free of costs.
12. File be consigned after due compliance.
Announced.
Dated: - 15.11.2022
(Shashi Kiran Panwar) (Manjit Singh Naryal)
Member President,
District Consumer Disputes
Redressal Commission, Charkhi Dadri.
