DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

 

Complaint Case No : RBT/CC/318/2020

Date of Institution   : 26.10.2020

Date of Decision    : 08.03.2021

 

Panjbinder son of Varinder Kumar Sharma resident of H.No. B-XIV/1257, Near Green Palace, Dhanaula Road, Barnala, District Barnala.      

                   …Complainant Versus

1. M/s Saharayan Universal Multipurpose Society Ltd., Sahara India Parivar, Branch Office, 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 Sahara India Parivar, Regional Office, SCO-1110-1111, Sector-22B, Chandigarh through its Regional Manager. 

4. M/s Saharayan  Universal Multipurpose Society Ltd., Sahara India Parivar, Saharayan-E Multipurpose Society Ltd., Regd. Office -9, Santoshi Vihar, Ayodhya Bypass Road, Near State Bank, Bhopal-462041, Madhya Pradesh through its Managing Director.

5. M/s Sahara India Parivar, Command Office: Sahara India Bhawan, 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. Jain 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 TEJINDER SINGH BHANGU, MEMBER):

1. The present file has been received from the Hon'ble State Commission, Punjab, Chandigarh, as remanded case vide its order dated 28.9.2020 with a direction to the District Commission to hear the complaint and decide the same afresh on merits, in accordance with law. 

2. Initially the complainant has filed the present complaint on 12.6.2019 against the opposite parties which was dismissed by the District Forum (Now Commission) vide its order dated 10.12.2019 being not maintainable on the point that there is no 'consumer dispute' between the complainant and opposite parties. Against this order of District Forum (Now Commission) the opposite parties have preferred a First Appeal No. 47 of 2020 before the Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh, on 27.01.2020 and the same was decided by the Hon'ble State Commission, Punjab vide its order dated 28.9.2020 and the relevant Para No. 21 of the order is as under:-

“In view of our above discussion, it is held that the complainant(s) falls under the definition of consumer and the District Commission has the jurisdiction to entertain, try and decide the complaint on merits being the additional remedy available under the Consumer Protection Act. Therefore, all the above mentioned appeals are allowed, the impugned orders of the District Commission, are set aside and the cases are remanded to the District Commission, Barnala, with a direction to the District Commission to hear the complaint and decide the same afresh on merits, in accordance with  law”

3. Brief facts of the case are that the complainant Panjbinder has filed the present complaint under Consumer Protection Act, 1986 (amended upto date) against M/s Saharayn Universal Multipurpose Society Ltd., and others (hereinafter referred as opposite parties) on the ground that the opposite parties are a registered limited company under Multistate Co-operative Societies Act, 2002 vide Regd. No. MSCS/CR/935/2014 engaged in the business of accepting deposits from investors and the opposite party No. 1 is branch office of opposite parties. It is further averred that the opposite party No. 1 advised the complainant to invest in the contributed scheme of the opposite parties for the purpose of getting maximum interest. On trusting the words of opposite party No. 1, the  complainant invested a sum of Rs. 1,00,000/- at Barnala in the above said scheme for a period of 36 months. It is further averred that the opposite party No. 1 assured the complainant that his money is safe and he can get his money back at any time even before maturity date and the opposite party No. 1 will arrange the money for the complainant at any time and in this regard the opposite party No. 1 issued receipts/ certificates to the complainant on 30.4.2015. As per above said certificates, the member shall be free to withdraw his/her money any time after the expiry of 36 months from the date of payment of the contribution and in such a case the society may compensate the member by giving a benefit on the contribution made by such member on an amount not exceeding Rs. 43,240/- on a contribution of Rs. 1,00,000/- in the form of cash/jewelery etc., as decided by the governing body of society. It is further averred that after the expiry of 36 months the complainant handed over original contribution receipts/certificates to the opposite parties and asked for the refund of money. But the opposite parties avoided the complainant on one pretext or the other and ultimately refused to pay back the money to complainant. Hence, the present complaint is filed for seeking the following reliefs.- 

1) To pay a sum of Rs. 1,00,000/- alongwith interest @ 18% per annum from the date of payment i.e. 30.4.2015 till realization.

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

4. 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 Saharayan Universal Multipurpose Society Limited and there is no relation of consumer and service provider between the complainant and 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 contributed Rs. 1,00,000/- on 30.4.2015 vide membership No. 973405000063 under Sahara M Benefit scheme 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. 

5. In support of his case the complainant tendered into evidence his own affidavit Ex.C-1, copies of certificates Ex.C-2 to Ex.C-7, copy of terms and conditions Ex.C-8. Ld. Counsel for the complainant has made a statement dated 19.11.2019 that he does not want to file rejoinder on behalf of complainant and closed the evidence. 

6. 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 (the then Forum) dated 8.11.2019. 

7. We have heard the learned counsel for the parties and have gone through the record on file. The written arguments filed by the parties have also been gone through.

8. 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 certificates Ex.C-2 to Ex.C-7 which shows that a total amount of Rs. 1,00,000/- has been contributed under “Saharayan Universal Multipurpose Society Ltd.” for the object(s) of the society mentioned in the registered bye-laws of the society. Ex.C-8 is the copy of terms and conditions.

9. On the other hand, to rebut the case of the complainant the opposite parties have failed to produce on record any evidence and the evidence of opposite parties is closed by the order of this Commission (the then Forum) dated 8.11.2019.

10. Perusal of the receipts/certificates Ex.C-2 to Ex.C-7 shows that nothing has been mentioned that the above said total amount of Rs. 1,00,000/- has been deposited for a period of 36 months as claimed by the complainant in his complaint. Further, in Ex.C-2 to Ex.C-7 nothing has been mentioned about the rate of interest and the maturity amount. Even, about the tenure of deposit and maturity date has not been mentioned in the above said receipts. Therefore, we are unable to understand that how the complainant has come to the conclusion that on the amount of Rs. 1,00,000/- an interest @ 18% per annum from the date of payment will be given after 36 months as claimed by the complainant in his complaint. Further, in Ex.C-2 to Ex.C-7 nothing has been mentioned about the scheme plan to indicate that how much amount is to be paid after such term. 

11. We have gone through the terms and conditions of the society Ex.C-8. In the terms and conditions in Para No. 6 it has been mentioned that:-

“Upon the expiry of 3 years from the date of making of the contribution to the society, the member shall be entitled to receive the following benefits (including by way of an Illustration assuming in the contribution to be Rs. 1,00,000/- (Rupees One Lac Only);

(i)a sum ranging from 1400/- to Rs. 1600/- per month depending upon various business factors and;

(ii)additional monthly benefits based upon the performance/capacity utilization/ other relevant business factors of the relevant business centre (i.e. Q Centre or Q Joy). The benefits may be offered in the from of redeemable vouchers/coupons either redeemable against cash or gold, jewelery or any of the product as decided and approved by the managing committee of the society. 

12. Further, in the terms and conditions of the society in Para No. 10 it has been mentioned that:-

“The member shall be free to withdraw his/her contribution any time after the expiry of 3 years from the date of payment of contribution, in such a case, the society may compensate the member by giving a benefit on the contribution made by such member of an amount not exceeding Rs. 43,000/-(Forty Three Thousand Only) on a contribution of Rs. 1,00,000/- (One Lac Only) in the form of cash or cash equivalent products, including gold, jewelery etc., as decided by the governing authority of the society. The amount may vary for lesser or higher contribution”

13. Further, in the terms and conditions of the society in Para No. 15 it has been mentioned that:-

“All disputes between the society and the member shall be subject to arbitration as per the provisions of S. 84 of the Multi State Co-operative Society Act, 2002 as amended from time to time”

14. It is important to mention here that there is nothing on the file to indicate that how we assess that the above mentioned benefits are to be given to the complainant. No documents or report of Registrar, Multi State Co-operative Societies has been placed on record by the complainant to prove that the complainant is entitled for the above mentioned benefits as in the terms and conditions of the society. Therefore, in the absence of any document or any report of the Registrar, Multi State Co-operative Societies, we are unable to adjudicate the case that which benefits (i.e. how much amount alongwith interest or without interest) will be given to the complainant. Therefore, we are of the view that to assess the benefits which may be given to the complainant an elaborate evidence on record is required, such as profit & loss accounts of the Society for all these financial years. Further, the complainant has failed to produce on record any details of the plan to indicate that after such time, a such amount or benefits alongwith such interest etc., is to be given. We have nothing in hand to calculate the benefits which is to be given to the complainant as mentioned in the terms and conditions of the society. It is pertinent to mention here that nothing has been mentioned regarding benefits as shown in clause (i) & (ii) of Para 6 of the terms and conditions on the face of contributed receipts Ex.C-2 to Ex.C-7. 

15. It is admitted fact that the complainant has deposited the above said amount with the opposite parties and now the complainant demanded the above said amount from the opposite parties alongwith interest as mentioned in the complaint. On the other hand, the Society (opposite parties) admitted the above said amount which was shared/contributed by the complainant and they are ready to return the same to the complainant as mentioned in their written version in Additional Plea Para No. (f). But due to economic crisis and financial constraint they are unable to make the payment of contribution amount and its benefits. 

16. The question before this Commission is that whether the contribution with the Society is a fixed deposit or not. We observe that the fixed deposit specifies the date of deposit, date of payment, term and rate of interest on the face of receipts, but in this case there is nothing on record to justify the  above facts. No such remark is made on the face of Certificate issued by the Saharayan Universal Multipurpose Society Limited to its members. 

17. As per Bylaws the contribution payment is a part of the capital that covers the profit share of a Company/Partnership Firm/Society. While on the other hand the fixed deposits are taken from the public by Firm/Society which are to be paid by Firm/Society irrespective whether it is in profit or loss. As per point No. (i) & (ii) of Para No. 6 of the terms and conditions, this Commission has concluded that the complainant would be paid in a pattern. When we go through the terms and conditions  in Para No. 6, we observe that this amount is to be paid depending upon various business factors as mentioned in point No. (i)) of Para No. 6 of the terms and conditions. In point No. (ii) of Para No. 6 it is mentioned that additional monthly benefits based upon the performance/capacity utilization/other relevant business factors of the relevant business centre. In Para No. 10 of the terms and conditions it is mentioned that the member shall be free to withdraw the contribution any time after the expiry of three years. But the Society may compensate the member by giving a benefit on the contribution in the form of cash or cash equivalent products, including gold, jewelery as decided by the governing authority of the Society. The amount may vary for lesser or higher contribution. 

18. So, from the perusal of the above said facts, we are of the view that we have nothing with us to reach to the conclusion that what is the performance of the Society as mentioned in the terms and conditions. Further, there is nothing on record to assess the profit or loss of the society on the basis of which the society may compensate the member or the benefits which are to be given to the member as mentioned in the terms and conditions of the society. 

19. In the present case the complainant asked for his/her contributed/shared amount alongwith interest @ 18% per annum till its realization from the society. On the other hand the opposite parties admitted the contributed amount of the complainant and even ready to return/refund the amount, but due to their economic crisis and financial constraint they are unable to make the payment at one go. However, they had agreed to make the payment in part/installment. But in the absence of any document on record which indicate that the complainant is entitled to interest @ 18% per annum on the contribution/deposited amount as claimed by the complainant, we are unable to come to the right conclusion or to adjudicate the present matter. Therefore, we have nothing on record to come to the conclusion that if a person who contributed his/her amount to the society to become a member for sharing profits/benefits and after such time demanded his/her contributed amount back from the society in that event he/she is entitled for interest on the contributed amount. However, in the terms and conditions the opposite parties specifically mentioned that the society may compensate the member by giving benefits in the form of cash or cash equivalent products, including gold, jewelery etc. As such, the complainant without any documentary evidence placed on record can not say that he/she is entitled to interest @ 18% per annum from the opposite parties. 

20. Therefore, perusal of the record shows that the amount deposited by the complainant in the society for gaining profits/benefits as mentioned in the terms and conditions of the society. So, we are of the view that Registrar, Multi State Co-operative Societies is competent to decide the matter as the society file the return in every year before the Registrar, Multi State Co-operative Societies, which reflects its performance and who has the details of performance of the society and its financial health. 

21. In view of our above discussion, we do not find any merit in the complaint, same is dismissed. However, there is no order as to cost. The complainant is at liberty to approach the Registrar, Multi State Co-operative Societies for the redressal of grievance, if desires so. 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