DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.179 of 09-07-2018

Decided on 28-05-2019

Prem Swarup @ Prem Swarroop aged about 69 years S/o Ram Swarup R/o # 3594, Shastri Street, Arnrik Singh Road, Bathinda (Punjab)-151001.

........Complainant

Versus

1.Sahara Credit Co-operative Society Ltd. Opp. Hotel Amsun Pride, Amrik Singh Road, Bathinda-151001, through its Auth. Signatory/Manager/Incharge/Director.

2.Sahara Credit Co-operative Society Ltd., Regd. Office: Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024, through its Manager/Auth. Signatory/Director.

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986

QUORUM

Sh.M.P Singh Pahwa, President.

Mrs.Manisha, Member.

Present:-

For the complainant: Sh.Naresh Garg, Advocate.

For opposite parties: Sh.Rajesh Duggal, Advocate.

ORDER

M.P Singh Pahwa, President

1. The complainant Prem Swarup @ Prem Swarroop (here-in-after referred to as complainant) has filed complaint U/s 12 of Consumer Protection Act, 1986 against opposite parties Sahara Credit Co-operative Society Ltd. and Other (here-in-after referred to as opposite parties).

2. Briefly, the case of the complainant is that opposite parties launched one monthly membership scheme vide which they took Rs.15,000/- per month from the account holders and after maturity i.e. 60 months, They were to release the payment alongwith 18% interest to the customers. They through Mr.Kishore Kumar and Mr.Parveen Kumar contacted the complainant at Bathinda and sold their monthly deposit scheme vide application No.378049295376 for Rs.15,000/- per month. Under their assurance, the complainant registered with them under account No.27003401894 and Membership No.27001100280.

3. It is alleged that the complainant gave installment to opposite parties on 30.4.2011 at Bathinda through Mr.Kishore Kumar. Thereafter he every month gave Rs.15,000/- per month to opposite parties through Mr.Kishore Kumar at Bathinda. The last installment was paid to opposite parties on 3.4.2013. The complainant deposited total sum of Rs.3,60,000/- with opposite parties and requested them for prematurity withdrawal. Opposite parties revealed that the total payment will be released alongwith interest @ 18% after the date of maturity i.e. 3.4.2016. Thereafter in the month of May 2016, the complainant approached opposite parties and submitted all the original papers and also signed the blank withdrawal slip alongwith claim form. Opposite parties assured that the total payment will be released alongwith up-to-date interest @ 18 % within one week, but more than 24 months elapsed after maturity, there is no response from their side. The complainant also got issued legal notice dated 29.12.2017 to opposite parties, but they did not made the payment alongwith up-to-date interest and replied vide letter dated 25.1.2018 vide which they again delayed the matter till 2019-2020 without any logic.

4. It is also alleged that the complainant has suffered from mental agony, pains and sufferings. It amounts to deficiency in service and unfair trade practice. For these sufferings, complainant has claimed Rs.50,000/- as compensation and Rs.25,000/- as litigation expenses and Rs.3,60,000/- with interest. Hence, this complaint.

5. Upon notice, opposite parties appeared through their counsel and contested the complaint by filing written version. In their joint written version, opposite parties have raised the preliminary objections that the complainant is not their 'consumer'.OP is Society duly registered under 'Multi State Co-operative Society Act, 2002'. The complainant is member of the Society. As such, the relation between the complainant and opposite parties is of Member and Society. Therefore, for any dispute between Society and Member, consumer complaint is not maintainable. The complainant is bound to refer his dispute before Arbitrator as per Arbitration Agreement.

6. On merits, opposite parties have admitted receipt of Rs.3,60,000/-. It is further mentioned that they never promised the complainant that deposited amount will be released with interest @ 18% p.a. As per terms and condition of this scheme, only maturity amount will be paid to the depositors. The complainant did not surrender original certificate or submit application for demand of maturity amount and made false statement.

7. It is also pleaded that due to fault of the complainant, payment could not be made. He was making demand for the enhanced rate of interest upon the deposited amount. After controverting all other averments of the complainant, opposite parties have prayed for dismissal of complaint.

8. Parties were asked to produce the evidence.

9. In support of his claim, the complainant has tendered into evidence his affidavit dated 9.7.2018, (Ex.C1); photocopy of application, (Ex.C2); photocopy of passbook, (Ex.C3); photocopy of blank withdrawal slip, (Ex.C4); photocopy of claim form, (Ex.C5); photocopy of legal notice, (Ex.C6); photocopy of letter, (Ex.C7) and closed the evidence.

10. To rebut the claim of the complainant, opposite parties did not produce any evidence.

11. We have heard learned counsel for parties and gone through the file carefully.

12. Learned counsel for parties have reiterated their stand as taken in their respective pleadings and detailed above.

13. We have given careful consideration to these rival submissions.

14. The complainant has pleaded that he has deposited Rs.3,60,000/-. Opposite parties have not denied this fact. The complainant has claimed refund of this amount. The version of opposite parties is contradictory in this regard. In Paragraph 4, it is pleaded that the complainant never surrendered original certificate or submitted application for demand of maturity amount, but in Paragraph 5, it is alleged that he was claiming payment of enhanced rate of interest on deposited amount and due to this reason, payment could not be made. Therefore, it proves that complainant has made demand for refund of his amount. Admittedly, opposite parties have not made payment.

15. Although, the complainant has placed on record copy of letter, (Ex.C7) issued by the company whereby opposite parties have expressed inability to make payment on the plea that Hon'ble Apex court has put embargo upon them and they are unable to pay amount, but this letter is much after filing of complaint. Moreover there is no such plea by opposite parties. Even otherwise, they cannot escape from their liability from refund of deposited amount. The complainant has claimed refund of amount with interest @ 18% per annum, but there is no document to prove that he is entitled to refund of this amount with interest @ 18% per annum. Therefore, claim of interest @ 18% per annum is on excessive side.

16. For the reasons recorded above, the complaint is partly accepted with Rs.5000/- as cost and compensation against opposite parties. Opposite parties are directed to pay Rs.3,60,000/- with interest @ 12% per annum from the date of respective deposits till actual payment.

17. The compliance of this order be made within 45 days from the date of receipt of copy of this order.

18. The complaint could not be decided within the statutory period due to heavy pendency of cases.

19. Copy of order be sent to the parties concerned free of cost and file be consigned to the record.

    Announced:-

    28-05-2019

    (M.P Singh Pahwa)

    President

     

     

    (Manisha)

    Member