District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.40/2021.
Date of Institution: .21.01.2021.
Date of Order: .03.08.2022
Anita Devi W/o Shri Jasbir Malik, r/o Rishi Nagar, Chawala Colony, Ballabgarh, Faridabad.
…….Complainant
Versus
1. M/s. Sahara Credit Cooperative Society Limited Regd. Office at Sahara India Bhawan, 1, Kapoorthla Complex Aliganj, Lucknow 226024 through its Directors/Principal Officers.
2. M/s. Sahara Credit Cooperative Society Limited, Regional Office at 100 Ft. Road, Chawla Colony, Ballabgarh, Distt. Faridabad through its Manager.
3. Shri Ram Chander Gupta Manager, M/s. Sahara Credit Co-operative Society Ltd., Regional office at 100 feet road, Chawla Colony, Ballabgarh, Faridabad.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
PRESENT: Sh. Kartar Singh, counsel for the complainant.
Sh. Bhudutt Kaushik , counsel for opposite parties.
ORDER:
The facts in brief of the complaint are that the complainant had obtained F.D. policy form opposite parties Nos.1 to 3 bearing its Holo Grama NO. 992547543891 receipt No. 80602342959
The complainant sent a legal notice dated 25.6.2018 to the opposite parties but all in vain. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) release the payment of maturity amount alongwith interest @ 18% p.a. from the date of its due till realization of whole amount, immediately.
b) pay Rs. 20,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 5500 /-as litigation expenses.
2. Opposite parties put in appearance through counsel and filed written statement wherein Opposite parties refuted claim of the complainant and submitted
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that it was submitted that the complainant or any member of the society was not a consumer rather they were only members of society. Further only members of society can take part in the schemes. The complainant self decided to become the member of the said society whereby membership No. 24771700038 according to which a/c No.24776700108 opened on 08.02.2017 wherein contributed Rs.23000/- for the period of 12 months of which maturity had already been completed on 08.02.2018 but due to excess demand by the complainant on maturity amount, the payment could not be made till now. There was no provision to get interest upon the maturity in the said scheme. The complainant was entitled only to get maturity amount. Before opting this scheme the complainant duly understood the terms and conditions of scheme and then submitted signed application forms to invest for the furtherance of objects of society. It was submitted that complainant did not surrender the original documents as KYC which was mandatory before the concern branch to get the maturity amount. The opposite party always agreed to make maturity payment but due to admant attitude of the complainant for interest upon the maturity amount the payment could not be made till now interest. Opposite parties denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against
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opposite parties – Sahara Credit Cooperative Society Limited with the prayer to : a) release the payment of maturity amount alongwith interest @ 18% p.a. from the date of its due till realization of whole amount, immediately. b) pay Rs. 20,000/- as compensation for causing mental agony and harassment . c) pay Rs. 5500 /-as litigation expenses.
To establish his case, the complainant has led in his evidence Ex.CW/A – affidavit of Sandeep Malik, Ex.C-1 –– certificate No. 71039596644, Ex.C-2 -legal notice.
On the other hand, counsel for the opposite parties strongly agitated and opposed. As per the evidence of the opposite parties, Ex. RW1/A – affidavit of Ramchander S/o late Shri Suresh Chand working as Branch Manager with opposite party office at:- 100 Ft. Road Chawla Colony, Ballabgarh, District Faridabad.
6. It is evident from Ex.C-1 that the complainant deposited a sum of Rs.14,900/- in fixed deposit with opposite party No.1 vide receipt No. 071039596644/F.W.Code/S.A.Code 0/8247780000050 dated 05.02.2013 for a period of 12 months.
7. After going through the evidence led by the complainant, the Commission is of the opinion that the complaint is allowed. Opposite parties Nos.1 & 2, jointly & severally, are directed to:
a) pay Rs.14,900/- alongwith interest @ 6% p.a. from the date of filing of complaint till its realization.
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b) pay Rs.2200/- as compensation for causing mental agony and harassment.
c) pay Rs.2200/- as litigation expenses.
Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 31.03.2022. (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
( Sujata Pruthi)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
