DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.

 

Complaint Case No : 138/2019

Date of Institution   : 16.09.2019

Date of Decision    : 19.05.2020

 

Amrik Singh S/o Raja Ram resident of H.No. B-XIV-1049, Street No. 1, Sekha Road, Near Hanuman Mandir, Barnala, District Barnala.    

               …Complainant

Versus

1. M/s Sahara Credit Cooperation Society Ltd., Sahara India Parivar, Branch Office, College Road, Under Bridge, Near SD College, Barnala through its Branch Manager. 

2. M/s Sahara India Parivar, Sahara, Opposite Polo Ground, Near Sethi Sales Corporation, Lower Mall, Near Modi College, Patiala, through its Sector Manager cum Branch Manager. 

3. M/s Sahara India Parivar, Regional Office, SCO-1110-1111, Sector-22-B, Chandigarh through its Regional Manager. 

4. M/s Sahara Credit Cooperation Society Ltd., Sahara India Parivar, Redg. Office-Sahara India Bhawan, 1, Kapoorthala Complex, Ali Ganj, Lukhnow-226024, Uttar Pradesh, through its Managing Director. 

5. M/s Sahara India Parivar, Command Office: Sahara India Bhawan, 1, Kapoorthala Complex, Ali Ganj, Lucknow-226024, Uttar Pradesh, through its Chairman cum Managing Director Survot Rai Sahara.

 

         …Opposite Parties

Complaint Under Section 12 of Consumer Protection Act, 1986.

Present: Sh. R.K. Singla counsel for complainant.

Sh. N.K. Garg counsel for opposite parties.

 

Quorum.-

1. Sh. Kuljit Singh : President

2.Sh. Tejinder Singh Bhangu : Member

(ORDER BY KULJIT SINGH, PRESIDENT):

The complainant namely Amrik Singh has filed the present complaint under Consumer Protection Act, 1986 (in short the Act) against M/s Sahara India Parivar and others (hereinafter referred as opposite parties).  

2. The facts leading to the present complaint are that the opposite parties is a registered limited company and the opposite party No. 1 is a branch office of opposite parties. It is further alleged that the opposite party No. 1 advised the complainant to invest in the Contributed Scheme of the opposite parties for getting maximum interest. On the advise of opposite party No. 1, the complainant gave his consent for investment in the above said scheme by depositing of Rs. 700/- for 60 months and the maturity amount will be given after 60 months from the date of last installment. The complainant deposited Rs. 700/- on 19.5.2012 as first installment and thereafter deposited nine more monthly installments totaling Rs. 7,000/-. In this regard the opposite parties issued a passbook with account No. 311008103661 to the complainant. The last installment was paid by the complainant on 16.2.2013. It is further alleged that after the expiry of 60 months the complainant handed over the original receipts to the opposite parties and asked for the refund of his money as per terms and conditions of the scheme. But the opposite parties avoided the complainant on one pretext or the other. Thus, there is deficiency in service and unfair trade practice on the part of opposite parties. Hence, the present complaint is filed for seeking the following reliefs.- 

1) To pay Rs. 7,000/- alongwith interest @ 18% per annum from the date of payment till realization.   

2) To pay Rs. 1,00,000/-  as compensation and Rs. 11,000/- as litigation expenses.   

3. Upon notice of this complaint, the opposite parties appeared and filed joint written version taking preliminary objections interalia on the grounds that the complainant has not come to the Forum with clean hands and the complaint is misconceived, baseless and unsustainable in the eyes of law. It is further averred that the complainant is not a 'consumer' of opposite parties. Further, the opposite party is a Society duly registered under “Multi State Co-operative Society Act, 2002” and the complainant is member of the Society. As such, for any dispute between Society and Member, consumer complaint is not maintainable. On merits, it is submitted that the complainant contacted the office of Society to become a member for participating in the scheme for taking/gaining benefit of Society. The complainant after understanding the terms and conditions, bylaws and objects of the society has become a member and shared Rs. 7,000/- vide different installments at Barnala. It is further submitted that the complainant has concocted a story and has filed the present complaint claiming payment which is against the terms and conditions of the agreement. Moreover, the complainant has no right to claim against the terms of the agreement. It is further submitted that due to economic crisis and financial constraint the answering opposite parties was rendered unable to make the payment of contribution amount and its benefit at one go. As such, the complainant was asked to receive the payment in part/installment, but he willfully refused to receive the same in part. So, due to this reason the above said payment could not have been made. Therefore, there is no deficiency in service on their part and prayed for the dismissal of complaint. 

4. In support of his case the complainant tendered into evidence his own affidavit Ex.C-1, copy of passbook Ex.C-2 and closed the evidence. 

5. To rebut the case of the complainant, the opposite parties tendered into evidence copy of certificate of registration Ex.O.P-1 and closed the evidence. 

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

7. In order to prove his case the complainant has placed on record his detailed affidavit Ex.C-1, in which he reiterated the averments as mentioned in the complaint. He has further placed on record copy of passbook Ex.C-2 vide which an account number is mentioned as 73404200138 and the account opening date is mentioned as 19.5.2012. Further, the tenure of the scheme is mentioned as 60 months and the mode of installment mentioned as monthly, denomination Rs. 700/. Further, Ex.C-2 shows that the complainant has paid ten installments of Rs. 700/- to the opposite parties and in total paid Rs. 7,000/-. 

8. From perusal of the record it shows that the complainant has opted the above said scheme of the opposite parties and deposited a total amount of Rs. 7,000/- with the opposite parties in ten monthly installments. Further, from Ex.C-2 it proved that the above said scheme was for 60 months and on maturity the payment was to be given to the customer/complainant. Further, it is mentioned in the written version of opposite parties that due to economic crisis and financial constraint, the opposite parties were unable to make the payment to complainant and even the complainant was asked to receive the payment in part/installment. Meaning thereby the opposite parties are ready to refund the amount of complainant in installments. Moreover, the opposite parties have failed to rebut the case of the complainant by producing any cogent and reliable evidence on record. 

9. In the present complaint the complainant has filed an application dated 21.2.2020 for issuance of a direction to the opposite parties for the production of “Multi State Co-operative Society Act, 2002 by Law. In reply to the application the opposite parties filed reply dated 24.2.2020 and in the reply the opposite parties averred that they took the objection as relation between the complainant and opposite parties is of member and society. The opposite parties further submitted that this act is of Govt. of India and is in the betterment of the public interest and if the complainant requires the same then he must have arrange the same at his own behalf. We are of the view that the complainant should prove his case by bringing evidence at his own. So, there is no merit in the present application and the same is dismissed. 

10. As a result of the above discussion, the present complaint is allowed and opposite parties are directed to pay the amount of Rs. 7,000/- to the complainant alongwith interest at the rate of 6% per annum from the date of last installment i.e. 16.2.2013 till its realization. The opposite parties are further directed to pay Rs. 2,000/- to the complainant as consolidated amount of compensation for mental tension, harassment and litigation expenses. Compliance of the order be made within the period of 30 days from the date of the receipt of the copy of this order. Copy of this order be supplied to the parties free of costs. File be consigned to the records after its due compliance.   

  ANNOUNCED IN THE OPEN FORUM:

       19th Day of May, 2020 

 

 

            (Kuljit Singh)

            President             

 

(Tejinder Singh Bhangu)

Member