DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

 

Complaint Case No : 31/2020

Date of Institution   : 03.02.2020

Date of Decision    : 11.01.2021

 

Gobind Ram son of Sh. Niranjan Dass resident of H.No. B-XII-602, K.C. Road, Barnala, District Barnala, Punjab.     

                      …Complainant

Versus

 

1. M/s Sahara India Parivar, Sahara  Credit Cooperative Society Limited, Branch Office, College Road, Under Bridge, Near S.D. College, Barnala through its Branch Manager.

2. M/s Sahara India Parivar, Sahara Credit Cooperative Society Limited, 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, Sahara Credit Cooperative Society Limited, Command Office: Sahara India Bhanwan, 1, Kapoorthala Complex, Lukhnow-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 Gobind Ram has filed the present complaint under Consumer Protection Act, 1986 (in short the Act) against Sahara Credit Co-operative Society Limited 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 the branch office of opposite party No. 2 and 3. It is further alleged that the opposite parties advertised for public to get public deposits as R.D accounts and assured maximum interest on deposits on maturity. On trusting the words of opposite parties the complainant opened a R.D account of 60 installments with the opposite parties and paid a sum of Rs. 1,000/- on 2.12.2013 and nominated his wife Shashi Bala. In this regard one receipt No. 00239951541 dated 2.12.2013 issued by the opposite parties and handed over a passbook of the said R.D having account No. 73404800215 to the complainant. The opposite party No. 1 assured the complainant that the maturity amount will be given to the complainant at home. The complainant invested in the said scheme only to earn maximum interest. It is further alleged that the complainant deposited all the 60 monthly installments totaling Rs. 60,000/- and the last installment was paid in 3rd December 2018. The opposite parties did not supply any terms and conditions, bylaws and objects of the company. It is further alleged that after the maturity date the complainant surrendered the said passbook on 4.12.2018 with the opposite parties at Barnala as per clause No. 5 of the passbook. Thereafter, the complainant approached the opposite parties to get the maturity amount. But the opposite parties avoided the complainant on one pretext or the other and ultimately after few days they flatly refused to pay back maturity amount of the complainant. 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 a sum of Rs. 60,000/- alongwith interest @ 18% per annum from the date of deposit till its realization. 

2) To pay Rs. 50,000/-  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 the amount of Rs. 60,000/- in 60 monthly installments at Barnala office of the Society. 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 she 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. Ld. Counsel for complainant on 16.11.2020 has made statement that he does not want to file rejoinder and closed the evidence on behalf of complainant.

5. On the other hand, to rebut the case of the complainant the opposite parties have failed to tender any evidence and the evidence of opposite parties is closed by the order of this Commission dated 20.10.2020. 

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 73404800215 and the account opening date is mentioned as 2.12.2013. Further, the tenure of the scheme is mentioned as 60 months and the mode of installment mentioned as monthly, denomination Rs. 1,000/. Further, Ex.C-2 shows that the complainant has paid 60 installments of Rs. 1,000/- to the opposite parties and in total paid Rs. 60,000/-. 

8. On the other hand, the opposite parties have failed to tender any evidence and the evidence of opposite parties is closed by the order of this Commission dated 20.10.2020. 

9. 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. 60,000/- with the opposite parties in 60 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. It is important to mention here that to rebut the case of the complainant, the opposite parties have failed to produce any evidence on record.  

10. As a result of the above discussion, the present complaint is partly allowed and opposite parties are directed to pay the amount of Rs. 60,000/- to the complainant alongwith interest at the rate of 5% per annum from the date of last installment till its realization. Compliance of the order be made within the period of 45 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 COMMISSION:

       11th Day of January, 2021 

 

 

            (Kuljit Singh)

            President             

 

(Tejinder Singh Bhangu)

Member