DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.
Complaint Case No : 142/2019
Date of Institution : 16.09.2019
Date of Decision : 03.02.2020
Pardeep Kumar S/o Amrik Singh resident of H.No. B-XIV-1049, Street No. 1, Sekha Road, Near Hanuman Mandir, Barnala, District Barnala.
…Complainant
Versus
1. M/s Sahara India Parivar, Sahara Q Shop Unique Products Range Limited, Branch Office, College Road, Under Bridge, Near SD College, Barnala through its Branch Manager.
2. M/s Sahara India Parivar, Sahara Q Shop Unique Products Range 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 Q Shop Unique Products Range Limited, Regional Office, SCO-1110-1111, Sector-22-B, Chandigarh through its Regional Manager.
4. M/s Sahara India Parivar, Sahara Q Shop Unique Products Range Limited, Redg. Office-Sahara India Complex, C-2, C-3, C-4, Sector-11, Noida-201301 through its Managing Director.
5. M/s Sahara India Parivar, Sahara Q Shop Unique Products Range Limited, Command Office: Sahara India Bhawan, 1, Kapoorthala Complex, 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
3.Smt. Manisha : Member
(ORDER BY KULJIT SINGH, PRESIDENT):
The complainant namely Pardeep Kumar 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 on the advise of opposite party No. 1 the complainant invested in the scheme named Sahara Q Shop Unique Products Range Limited for the purpose of getting maximum interest on his amount and gave his consent for investment in the said scheme at Barnala and invested Rs. 7,300/- on 26.9.2012, Rs. 1,300/- on 19.10.2012 and in total the complainant invested Rs. 8,600/- with the opposite parties. The opposite parties accordingly issued receipts in this regard to the complainant. The opposite party No. 1 further told the complainant it is a six years fixed deposit scheme under Sahara Q Shop Unique Products Range Limited, but the complainant can get the money refunded before maturity period at any time as per scheme. It is further alleged that after the maturity date on 1.11.2018 the complainant submitted all the original documents with the opposite parties to get his maturity amount as per 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 the amount of Rs. 8,600/- alongwith interest @ 18% per annum from the date of maturity i.e. 17.9.2018 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. 8,600/- vide different dates in the year 2012 for a period of six years at Barnala office. 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, copies of receipts as Ex.C-2 to Ex.C-3, copy of New Scheme Chart Ex.C-4 and closed the evidence.
5. It is pertinent to mention here that the opposite parties have failed to adduce any evidence and the evidence of opposite parties is closed by the order of this Forum dated 6.1.2020.
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 copies of receipts Ex.C-2 to Ex.C-3, which shows that the complainant has deposited Rs. 7,300/- on 26.9.2012 and Rs. 1,300/- on 19.10.2012 with the opposite parties. He has further placed on record copy of new scheme chart Ex.C-4.
8. Perusal of the record shows that the complainant has deposited Rs. 8,600/- on different dates with the opposite parties vide Ex.C-2 to Ex.C-3. Further, from these receipts Ex.C-2 to Ex.C-3 it shows that the complainant has deposited the above said amount of Rs. 8,600/- with the opposite parties under “Sahara Q Shop Unique Products Range Limited Q Shop Plan-H”. However, in the present complaint the complainant has alleged that he has deposited the above said amount with the opposite parties as fixed deposit, but in these receipts Ex.C-2 to Ex.C-3 neither the rate of interest nor the term of deposit has been mentioned to prove that the complainant has deposited the above said amount as fixed deposit. We have gone through the Ex.C-4 placed on record by the complainant and are of the view that this document has no link with the receipts Ex.C-2 to Ex.C-3. Further, in Ex.C-2 to Ex.C-3 nothing have been mentioned about the scheme chart Ex.C-4 to indicate that how much amount is to be paid after such term. So, we are of the view that the complainant has failed to prove that he has deposited the amount of Rs. 8,600/- with the opposite parties as fixed deposit for six years as claimed by the complainant. The complainant has also failed to bring on record any detail of the scheme. But, on the other hand there is nothing on record from the side of opposite parties to rebut the case of the complainant by producing any evidence.
9. As a result of the above discussion, the present complaint is partly allowed and opposite parties are directed to pay the total amount of Rs. 8,600/- (Rs.7,300/- and Rs. 1,300/-) to the complainant alongwith interest at the rate of 9% per annum from their respective date of deposit till its realization. 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:
3rd Day of February, 2020
(Kuljit Singh)
President
(Tejinder Singh Bhangu)
Member
(Manisha)
Member
