DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR .

                                                                         Complaint No. 179

 Instituted on:   10.04.2018

                                                                         Decided on:     31.05.2019

Kaushalaya Devi widow of late Sh. Mohan Lal, resident of House No.309, Ward No.14-B, Dhuri, District Sangrur.

                                                                  …. Complainant.     

                                                 Versus

1.     M/s Sahara Credit Co-operative Society Limited, Sahara Parivar, through its Manager, Phirni Road, Sunami Gate, Sangrur.

2.     M/s Sahara Credit Cooperative Society Limited, Sahara Parivar, through its Regional Manager, SCO No.1110-1111, Sector 22-B, Near Aroma Hotel, Chandigarh.

3.     M/s Sahara Credit Cooperative Society Limited, Sahara Parivar, India Bhawan, 1, Kapoorthala Complex, Aliganj, Luckhnow-226024.

             ….Opposite parties. 

FOR THE COMPLAINANT :  Shri Rohit Jain, Advocate                         

FOR OPP. PARTIES              :   Shri Ashish Grover, Adv.

Quorum  

                   Vinod Kumar Gulati, Presiding Member

                   Mrs. Manisha, Member

ORDER:  

                Vinod Kumar Gulati, Presiding Member.

1.             Smt. Kaushalaya Devi, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that she opened an account under head Sahara M. Benefit Scheme on 08.02.2012 with a monthly amount of Rs.500/- for 5 years with the OP.no.1 and paid all the installments well in time. The maturity date of the above said plan was 08.02.2017 and maturity amount was Rs.38,850/- and the same was to be paid by the Ops within 30-35 days from the day of demand by the complainant. Further the case of the complainant is that she along with her son went to the office of the OP number 1 at Sangrur on 11.02.2017 and surrendered the passbook and the OP. no. 1 issued receipt dated 11.02.2017 to the complainant and assured the complainant for the payment to be made within 30-35 days through Cheque/ Demand Draft. But the Ops failed to pay the amount, despite repeated visits of the complainant to the Ops. Thus, alleging deficiency in service on the part of OPs, the complainant has prayed that the Ops be directed to pay to the complainant the maturity amount of Rs.38,850/-  along with interest @ 24% per annum from 08.02.2017 till payment and further claimed compensation and litigation expenses.

2.             In reply filed by the OPs, preliminary objections are taken up on the grounds that the complainant is not a consumer and 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 Arbitration agreement under clause 11 of the scheme Sahara-A. On merits, it is admitted that after admitting the terms and conditions of Sahara-M Benefit Scheme , the complainant being member of society vide membership number 63071200211 on 08.02.2012 and had opened an account no.63074200364 and invested an amount of Rs.500/- per month for 60 months at Franchise Office at Sangrur and deposited total amount of Rs.30,000/-. The maturity value of amount as per terms and conditions of the scheme was Rs.36,958/-. It is further stated that the complainant has not lodged any claim for release of the amount.  Any deficiency in service on the part of the Ops has been denied.

3.             The complainant has tendered documents Ex.C-1 to Ex.C-13 copies of the documents and affidavit and closed evidence. On the other hand, the learned counsel for OPs has produced Ex.OP1 to Ex.OP2 documents and affidavit and closed evidence.

4.             We have very carefully perused the record, pleadings of the parties, evidence produced on the file and heard the oral arguments of the learned counsel for the parties. None of the parties submitted written arguments. 

5.             It is an admitted fact that  the complainant Smt. Kaushalaya Devi was a consumer of the Ops by investing an amount of Rs.500/- per month for 60 months with the date of maturity as 08.02.2017 and the payment on maturity was payable to the tune of Rs.38,850/- . Further the complainant has produced on record the chart pertaining to the maturity amount of the above scheme and under this scheme the complainant was to get Rs.38,850/- on the maturity on the scheme.   But the said amount has not been paid to the complainant till date, despite her best efforts, which is  a clear cut case of deficiency in service on the part of the Ops. 

6.             So, in view of our above discussion, the complaint of the complainant is allowed with a direction to the Ops to pay to the complainant an amount of Rs.38,850/- along with interest @ 9% per annum from the due date i.e. 08.02.2017 till realization. Compensation for mental harassment, agony  and litigation expenses of Rs.2500/- are more allowed in favor of the complainant and against the Ops. Payment of awarded amounts of compensation and litigation expenses be made within 45 days from the date of receipt of copy of the order. A copy of the order be supplied to the parties free of costs as per rules. File be indexed  and consigned to records in due course.

Pronounced.

May 31, 2019.

                                                           (Vinod Kumar Gulati)

                                                         Presiding  Member

                                                                (Manisha)

                                                                  Member