DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
PATIALA
Consumer Complaint No.82 dt.21/02/2019
Decided on: 07/05/2021
Pardeep Kumar son of Sh. Bhagwan Dass resident of H. No.85-A, Guru Nanak Enclave, Patiala. Aadhar Card No.3853 3199 2988.
...Complainant
Versus
1. Sahara Credit Cooperative Society Limited, registered office at Sahara
India Bhawan, 1, Kaapoorthala Complex, Aliganj, Lucknow, UP 226024, through its Chairman/ Managing Director.
2. Sahara Q Gold Mart Limited, Concern of Sahara India Family and
Sahara Credit Cooperative Society Limited, registered office at
Sahara India Bhawan, 1, Kaapoorthala Complex, Aliganj, Lucknow,
UP 226-024, through its Chairman/ Managing Director.
3. Sh. Sudhir Kumar Shrivastav, Managing Director, Sahara Credit
Cooperative Society Limited and Sahara Q Gold Mart Limited, registered office at Sahara India Bhawan, 1, Kaapoorthala Complex, Aliganj, Lucknow, UP 226-024
4. Sh. Subroto Rai, Chairman Sahara India Family, Sahara India Credit
Cooperative Society Limited and Sahara Q Gold Mart Limited,
registered office at Sahara India Bhawan, 1, Kaapoorthala Complex,
Aliganj, Lucknow, UP 226-024 through its Chairman/ Managing
Director.
5. Sh. Arun Singh, Regional Manager, Chairman Sahara India Family,
Sahara India Credit Cooperative Society Limited and Sahara Q Gold
Mart Limited, registered office at SCO1110 and 1111, Sector 22-B,
Chandigarh.
6. Sh. Rameshwar Gupta, Branch Manager of Sahara India Family,
Sahara India Credit Cooperative Society Limited and Sahara Q Gold
Mart Limited, office at Sethi Complex, near Polo Ground, Patiala.
….Opposite parties.
Complaint under section 11 to 14 of the Consumer Protection Act, 1986.
QUORUM
Sh. Jasjit Singh Bhinder, President Sh. V. K. Gulati, Member
ARGUED BY:
Sh. Munish Mittal Adv. counsel for complainant.
Sh. Dhiraj Puri Adv. counsel for the OPs NO.1, 2 & 6.
Complaint against OPs No.3 to 5 dismissed as
withdrawan
ORDER
JASJIT SINGH BHINDER, PRESIDENT
1. Complainant has filed this complaint under the Consumer Protection Act, (hereinafter referred to as the Act) against the Opposite Parties namely Sahara Credit Coop. Society Ltd. & Ors. ( hereinafter referred to as the OPs) on the ground that complainant availed the services of the OPs:
i) On 20/09/2014 by investing an amount of Rs.33740/- during the period of 40 months under scheme Sahara Super 40 Months SCCSL Vide A/c No.68555100230 and scheme code is 930129. The date of maturity of the said scheme was 20/01/2018.
ii) On 23/06/2014 by investing an amount of Rs.18120/- during the period of 40 months under scheme Sahara Super 40 Months SCCSL vide A/c No.25925100782 and scheme code is 930129. The date of maturity of the said scheme was 23/10/2017.
iii) On 07/03/2017 by investing in Sahara Y Select for a sum of Rs.1,20,000/- vide A/c No. 25926700577, Certificate No.7050007. The date of maturity of the said Certificate was 07/03/2018 and maturity value of the FDR/ certificate is Rs.1,30,800/-.
iv) On 13/05/2017 by investing in Sahara Minor-12 Months SCCSL scheme for a sum of Rs.36,564/- vide certificate No.168550000003. The date of maturity of the said Certificate was 15/11/2017 and maturity value of the FDR/ certificate is Rs.38,209/-.
v) On 15/03/2013 by investing in a Sahara purchase on Gold Bank (Single) SQGML Scheme for a sum of Rs.17,688/- vide S No.92001412805 and Booking ID No.259250000091.
vi) On 15/03/2013 by investing in a Sahara purchase on Gold Bank (Single) SQGML Scheme for a sum of Rs.17,688/- vide S No.92001412804 and Booking ID No.259250000081.
After due date of said schemes the complainant contacted the OP’s so many times to release the maturity amount but they failed to do so. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the opposite parties be directed to release the deposit amount along with 18% per annum from the date of deposit of first installment till the date of realization of the amount.
2. In reply filed by the OPs, preliminary objections are taken up on the grounds that the complainant is not a consumer as the complainant is a member of the society and if any member of the society has any grievance then he should go to the arbitrator for arbitration. On merits, it is stated that the complainant being the member of the society had chosen to invest amount in the schemes of Sahara in the shape of monthly deposit/ FDs at Branch office Patiala of Society. It is further submitted that the maturity value of accounts was as per the terms and conditions of scheme. It is prayed that complaint is baseless, hence complainant is not entitled to any relief and the same is liable to be dismissed.
3 The learned counsel for the parties produced their respective evidence before this Commission in the shape of documents and affidavits.
4. We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
5. To prove the case, ld. Counsel for the complainant has tendered Ex.CA is the affidavit of the complainant wherein complainant has deposed as per his complaint and Ex.C-1 copy of Pass book, Ex.C-2 copy of account statement, Ex.C-3 copy of Pass book, Ex.C-4 copy of account statement, Ex.C-5 to Ex.C-8 are the copies of certificates, Ex.C-9 is the copy of demand receipts. Learned counsel for the complainant has argued that the complainant deposited huge amounts vide various deposit schemes as per Ex.C-1 to Ex.c-8 which were issued by the OPs in favour of the complainant. Further it is contended that the complainant approached the OPs and requested OPs to release the maturity amount of the schemes, but the amount was not paid despite approaching the OPs. On the other hand, the OPs have tendered Ex.OPA affidavit of Rajesh Kumar Shukla along with documents Ex.OP-1 copy of authority letter and Ex.OP-2 copy of application form along with terms and conditions.
6. It is proved on record that the complainant deposited with the opposite parties the amounts vide Ex.C-1 to Ex.C-8. Opposite parties failed to pay the due amount along with interest. So it is clear that the OPs have defrauded the complainant despite the fact that amount was received but OPs have not made the payment.
7. In view of our above discussion, we allow the complaint and direct the OPs as under:
i) To pay an amount of Rs.33740/- of A/c No.68555100230 along with interest @ 9% per annum from the date of maturity i.e. 20/01/2018 till realization.
ii) To pay an amount of Rs.18120/- of A/c No.25925100782 along with interest @ 9% per annum from the date of maturity i.e. 23/10/2017 till realization.
iii) To pay an amount of Rs.1,20,000/- of certificate No.7050007 along with interest @ 9% per annum from the date of maturity i.e. 07/03/2018 till realization.
iv) To pay an amount of Rs.36,564/- vide certificate No.168550000003 along with interest @ 9% per annum from the date of maturity i.e. 15/11/2017 till realization.
v) To pay an amount of Rs.17,688/- issued vide S No.92001412805 and Booking ID No.259250000091 along with interest @ 9% per annum from the date of maturity i.e. 15/03/2018 till realization .
vi) To pay an amount of Rs.17,688/- vide S No.92001412804 and Booking ID No.259250000081 along with interest @ 9% per annum from the date of maturity i.e. 15/03/2018 till realization.
OPs are further directed to pay to the complainant an amount of Rs.5000/- as compensation for mental agony, harassment and further an amount of Rs.5000/- on account of litigation expenses. This order be complied with by the opposite parties within 60 days from the date of receipt of certified copy of this order.
ANNOUNCED*
Dated: 07/05/2021
Vinod Kumar Gulati Jasjit Singh Bhinder
Member President
