Delhi

North East

CC/444/2015

Mohan Shah - Complainant(s)

Versus

Mr. Sanmugam Agent of Sahara Credit Cooperative Society Ltd. - Opp.Party(s)

01 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.444/15

 

In the matter of:

 

	Shri Mohan Shah S/o Late Sh. Chedi Sah, R/o Jhuggi No. 2, E-82/A Sarhadpuri-IInd Near Mother Dairy, New Seemapuri, Delhi 110095	Complainant
	Versus
	Mr. Sanmugam (Agent of Sahara Credit Cooperative Society Ltd.) R/o House No. 93, Anand Gram, Tahirpur Road, Delhi-110093	Opposite Party

 

DATE OF INSTITUTION:       JUDGMENT RESERVED ON:                     DATE OF ORDER      :

09.11.2015 03.11.2022 01.03.2023

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

ORDER

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that the complainant was approached by the Opposite Party in 2012. The Opposite party himself introduced as an agent of Sahara Credit Cooperative Society Limited and stated that its office is at 2^nd Floor, Ekta House, 678, Kabool Nagar, Shahadara-110032. He further stated that there is a scheme in his company i.e Sahara Credit Cooperative Society Limited and the Complainant will have to deposit Rs. 100/- per day for 18 months regularly to get good return with lucrative interest. The complainant opened the account with the Sahara Credit Cooperative Society limited in August 2012. The complainant started paying Rs. 100/- per day from hard saved daily earning to the Opposite Party. The Opposite Party issued a receipt no. 80192820819 dated 19.09.2012, pass book no. 03753695 vide application no. 330006324974 and a book for daily entry. The Opposite Party used to collect Rs. 100/- per day from the Pan Shop of the complainant and used to enter the amount of Rs. 100/-in his own hand writing and sign the same on daily basis. The complainant continuously paid Rs. 100/- per day for 18 months i.e. till January 2014. The complainant paid a sum of Rs. 54,800/- in total to the Opposite Party with the hope that he would get good return from the Opposite Party. After 18 months, when the complainant demanded his principal amount with interest from the Opposite Party, he asked the complainant to give passbook; only then his claim will be entertained. The complainant believing upon the assurance handed over the passbook to the Opposite Party. The Opposite Party after some time handed over a cheque amount of Rs. 30,053/- only of Sahara Credit cooperative society limited. The complainant demanded remaining balance amount with interest from the Opposite party as he had paid a total sum of Rs. 54,800/- to the Opposite Party but he had been given only a sum of Rs. 30,053/-.Opposite Party assured the complainant to wait for few days for payment of remaining balance amount. Payments were made till January 2014. But the Opposite party did not pay the remaining amount with interest since February 2014 till July 2014.The complainant visited the office of the Opposite party and after lots of pressure and requests; the Opposite party issued a cheque of Rs. 25,226/-.The complainant objected to the Opposite Party regarding the cheque given to him, which was belonging to Opposite party’s personal account and which was without interest. The complainant was hoping to get cheque from Sahara Credit Cooperative Ltd. as he had invested in Sahara Credit Cooperative Ltd. Then the complainant presented the above stated cheque in his account on 10.07.2014 which got dishonoured due to Fund Insufficient. The complainant intimated this fact to the Opposite Party and he apologized for the same and requested the complainant to collect the amount from him. The complainant visited the address of the Opposite Party several times from July 2014 to February 2015 but the Opposite Party did not pay any heed to the Complainant. The complainant threatened to lodge complaint against the Opposite Party with the police, then the Opposite Party handed over another cheque amounting to Rs. 30,000/- bearing no. 089236 dated 22.02.2015. Then the complainant presented the above said cheque in his account on 25.02.2015, which got dishonoured due to Fund Insufficient. Then the complainant visited in the office of Sahara Credit Cooperative Society Ltd to enquire about the investment made by him and showed his passbook and receipt issued by the Opposite Party. The officer of Sahara Credit Cooperative Society Ltd intimated that the Opposite Party did not deposit the entire amount i.e. Rs. 58,800/- and asked the complainant to bring the Opposite Party with him but Opposite Party refused to go to office of Sahara Credit Cooperative Society Ltd. After that the complainant filed a complaint before the Delhi Mediation Centre, Nand Nagri on 30.03.2015. In the proceeding before the Mediation Centre, Opposite Party submitted that he invested in Micro Finance Ltd without taking approval from the complainant. In the Mediation Centre matter was settled between the parties on 15.05.2015.  As per the settlement agreement, the Opposite Party was ready to pay Rs. 30,000/-  to the complainant in cash till 15.06.2015 and if the Opposite Party would not pay then Opposite Party would pay interest @ 20 % p.a.. But Opposite Party did not pay the said amount to the complainant till date. Complainant stated that the Opposite Party had not given a single paper of the amount which had been allegedly invested in Micro Finance Ltd. The complainant has prayed to direct the Opposite Party to pay a sum of Rs. 30,000/- along with interest @ 20 % p.a., Rs. 50,000/- on account of mental harassment and Rs. 20,000/- on account of litigation charges.

Case of the Opposite Party

2. The Opposite Party contested the case and filed its written statement.  It is submitted by the Opposite Party that the complainant is not a consumer and the Opposite Party is not a service provider within the meaning of Consumer Protection Act. It is stated that the case of the complainant is that he has invested the money with Sahara Credit Cooperative Society Ltd. but he has not made it a party. It is also alleged that the complainant has filed this complaint on the basis of dishonour of the cheques issued by the Opposite Party from his personal account and therefore the complaint is not maintainable. It is stated that the complainant has not initiated any proceedings against him for dishonour of the cheques. It is stated by the Opposite Party that he was an employee of the Ms. Sahara Credit Co-operative Society Ltd. and Ms. Micro Finance Ltd. and being their agent he used to collect the instalment on behalf of the said companies. It is alleged that the complainant has already received the principal amount along with interest from the Ms. Sahara Credit Co-operative Society Ltd. and the amount invested by the complainant with Ms. Micro Finance Ltd. could not be paid as the said company had been sealed by the Reserve Bank of India on 31.10.2015. It is also alleged that the complainant did not cooperate for withdrawal the money from the Ms. Micro Finance Ltd. It is stated by the Opposite Party that the complaint is not maintainable and reserve dismissal.

Rejoinder to the written statement of Opposite Party

3. The Complainant filed rejoinder to the written statements of Opposite Party wherein the Complainant has denied the pleas raised by the Opposite Party and has reiterated the assertion made in the complaint.

Evidence of the Parties

4. The Complainant in support of his case filed his affidavit wherein he has supported the assertions made in the complaint. To support its case Opposite Party has filed affidavit of Sh. Sunmugam, S/o Sh. Munnusawami, r/o 93, Anand Gram Tahir Puri, Jhilmil, Delhi-110095. In his affidavit, he has supported his case as mentioned in the written statement.

Arguments & Conclusion

5. We have heard the Complainant and have also perused the file and written arguments filed by the parties. None has appeared on behalf of the Opposite Party for arguments despite being given the opportunities for the same. The case of the complainant is that he has invested the money with Ms. Sahara Credit Cooperative Society Ltd. As per his case he used to deposit Rs. 100/- per day and he deposited the said amount for 18 months. The case of the complainant is that Opposite Party used to collect the money on behalf of the Ms. Sahara Credit Cooperative Society Ltd. being its agent. Its case is that he has paid Rs. 54,800/- in total to the Opposite Party and the Opposite Party made entries in this regard in the passbook of the complainant. When the complainant demanded back of his money, the Opposite Party gave him a cheque of Rs. 30,053/- but the balance amount was not paid by the Opposite Party. Opposite Party issued two cheques of his personal account to the complainant and the said cheques were dishonored due to Insufficient Fund. Thereafter, the complainant approached the Mediation Centre, Nand Nagri on 30.03.2015. The matter was settled in the Mediation Centre on 15.05.2015. In the Mediation Centre, the Opposite Party agreed to pay an amount of Rs. 30,000/- to the complainant along with interest @ 20 % p.a. if the amount was not paid till 15.06.2015. The case of the Opposite Party is that the complaint is not maintainable as the complainant has not made the Ms. Sahara Credit Cooperative Society as a party and it is also the case of the Opposite Party that the present case is not maintainable as the same is based upon the dishonor of the cheques.
6. The case of the complainant as discussed above is that he has invested the money with Ms. Sahara Credit Cooperative Society Ltd. and the Opposite party being its agent used to collect the money from the complainant. It is his case that Rs. 30,053/- was paid back to the complainant by the Opposite party and the remaining amount was not paid. In our considered opinion as the complainant allegedly invested the money with Ms. Sahara Credit Cooperative Society Ltd., so it was a necessary party in the present case to arrive at a correct decision. It is an admitted fact that the Opposite Party issued two cheques of his personal account to the complainant for payment of remaining money. If we believe the case of the complainant is that he had invested the money with Ms. Sahara Credit Cooperative Society Ltd., the cheques would have been issued by Ms. Sahara Credit Cooperative Society Ltd and not by the Opposite Party from his personal account. It is also an admitted fact that on presentation by the complainant the cheques were dishonored. Therefore, it is very much clear that the Opposite Party issued cheques of his personal account and the same was dishonored due to insufficient fund. Therefore, in our considered opinion there is no case of deficiency of service on the part of the Opposite Party. Further, it is important to be noted that in his complaint the complainant has alleged that the Opposite Party has cheated the complainant and has committed the criminal breach of trust. Therefore, from the complaint itself it is shown that if we believe the case of the complainant, it is a case of some criminal offence or as discussed above it is a case of dishonor of the cheques.
7. In view of the above discussion and in our opinion there is no deficiency of service on the part of the Opposite Party. Hence, the complaint is without any merit and dismissed.

 

8. Order announced on 01.03.2023.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President