DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

 

Complaint Case No : 266/2020

Date of Institution   : 13.10.2020

Date of Decision    : 08.03.2021

 

Ashok Kumar son of Shri Hans Raj resident of VPO Bhalwan, Tehsil Dhuri, District Sangrur (Mobile No. 98767-98742).      

                  …Complainant

Versus

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

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

3. M/s Saharayan E Multipurpose Society Limited, Sahara India Parivar, Regd. Office at 9, Santoshi Vihar, Ayodhya Bye Pass Road, Near State Bank, Bhopal-462041, Madhya Pradesh through its Managing Director. 

 

             …Opposite Parties

Complaint Under Section 35 of Consumer Protection Act, 2019.

Present: Sh. A.K. Jindal 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 Ashok Kumar has filed the present complaint under Consumer Protection Act, (amended upto date) against Saharayan E Multipurpose 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 parties No. 2 & 3. It is further alleged that the Branch Manager of the opposite parties advised the complainant to invest in the contributed scheme of the opposite parties through agent namely Uma Rani Jindal, House No. B-IX/33, Inside Quilla Mohalla, Ward No. 4, Barnala and the complainant assured by the agent that he will get 18% interest per annum upon the amounts. On trusting the words of opposite parties and their agent, the complainant  on 12.6.2018 invested the amount of Rs. 1,25,000/-, Rs. 20,000/-, Rs. 20,000/-, Rs. 20,000/-, Rs. 25,000/-, Rs. 20,000/-, Rs. 25,000/-, Rs. 25,000/- for 24 months with the opposite parties in the said plan. In this regard receipts/certificates No. 438000305816 to 438000305823 were issued by the opposite parties. The agent of opposite parties assured the complainant that he can get his money back at any time. It is further alleged that after the maturity date the complainant handed over the certificates and receipts to the opposite parties at the end of June 2020 and requested to refund the matured amount as agreed upon by them. Thereafter, the complainant approached the opposite parties many times to get the maturity amount. But the opposite parties avoided the complainant on one pretext or the other and the opposite parties have failed to return the matured amount to the complainant till now. 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. 3,51,232/- alongwith interest @ 18% per annum till its realization. 

2) To pay Rs. 50,000/-  as compensation and Rs. 20,000/- 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 invested an amount of Rs. 2,80,000/- under the scheme of the company 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 copies of receipts Ex.C-1 to Ex.C-16 and his own affidavit Ex.C-17. Ld. Counsel for complainant on 23.2.2021 has made statement that he does not want to file any 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 produce any evidence and the evidence of opposite parties is closed by the order of this Commission dated 15.2.2021.

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 copies of receipts/certificates Ex.C-1 to Ex.C-16, which shows that a total amount of Rs. 2,80,000/- has been invested in the above said plan of opposite parties on 12.6.2018 with the opposite parties. Further, the complainant has placed on record his detailed affidavit Ex.C-17, in which he reiterated the averments as mentioned in the complaint. 

8. On the other hand, in order to rebut the case of 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 15.2.2021. 

9. Perusal of the record shows that the complainant has deposited the total amount of Rs. 2,80,000/- on 12.6.2018 (i.e. Rs. 1,25,000/-, Rs. 20,000/-, Rs. 20,000/-, Rs. 20,000/-, Rs. 25,000/-, Rs. 20,000/-, Rs. 25,000/-, Rs. 25,000/- ) for 24 months with the opposite parties in the said plan. Further, in Ex.C-9 to Ex.C-16 it shows that the complainant has deposited the total amount of Rs. 2,80,000/- with the opposite parties in the said GOLDEN 24 scheme and in this regard  receipts/certificates have been issued by the opposite parties to the complainant. Further, in Ex.C-9 to Ex.C-16 the maturity amount in receipts/certificates are also shown alongwith maturity date i.e. 12.6.2020. So, we are of the view that the complainant has successful in proving that he has deposited the the total amount of Rs. 2,80,000/- with the opposite parties in the shape of fixed deposit for a period of 24 months which is mentioned in the receipts Ex.C-9 to Ex.C-16 and the opposite parties are bound to pay the total amount of 3,51,232/- as per their receipts/certificates Ex.C-1 to Ex.C-16. 

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. 3,51,232/- as mentioned in Ex.C-9 to Ex.C-16 to the complainant alongwith interest at the rate of 5% per annum from the date of its maturity i.e. 12.6.2020 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:

       8th Day of March, 2021 

 

 

            (Kuljit Singh)

            President             

 

(Tejinder Singh Bhangu)

Member