DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.
Complaint Case No : 30/2020
Date of Institution : 03.02.2020
Date of Decision : 07.12.2020
Karamjit Singh, aged about 41 years, son of Sh. Balvir Singh resident of Raisar Patiala, Tehsil Tapa, District Barnala.
…Complainant
Versus
1. Sahara Credit Co-operative Society Limited, Registered Office Sahara India Bhawan, 1, Kapurthala Complex, Aliganj, Lucknow-226024, through its Authorized Signatory/Managing Director.
2. Sahara Credit Co-operative Society Limited, Branch Office Barnala, now shifted at Sahara India Parivar, Sethi Complex, 3rd Floor, Near Modi College Chowk, Opposite Apollo Ground, Patiala-147001, through its Branch Manager.
…Opposite Parties
Complaint Under Section 12 of Consumer Protection Act, 1986.
Present: Sh. Dhiraj Kumar 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 Karamjit Singh has filed the present complaint under Consumer Protection Act, 1986 (in short the Act) against Sahara Credit Co-operative Society Limited and others (hereinafter referred as opposite parties).
2. The facts leading to the present complaint are that the complainant has availed the services of opposite parties. It is alleged that the complainant has invested a total sum of Rs. 83,000/- in cash with the opposite party No. 2 at Barnala through 5 FDRs for 1 ½ years (each) on 15.2.2017 and it was agreed with the opposite parties and the complainant that the opposite parties will handover a sum of Rs. 96,529/- to the complainant on 15.8.2018 and in this regard the opposite parties have issued 5 FDRs to the complainant. It is further alleged that according to the agreement and terms & conditions tried to submit the 5 original FDRs in the office of opposite party No. 2 for the release of Rs. 96,529/- on 15.8.2018. But the opposite party No. 2 refused to receive the same and has verbally told to the complainant that she will receive the same after some days when the payment will be made to the complainant. After some days the complainant visited the office of opposite party No. 2 for collecting the amount and depositing the above said 5 FDRs. It is further alleged that the Manager of the opposite party No. 2 told the complainant that the payment will be made on the next month. Thereafter, the complainant again visited the office of opposite party No. 2 but they linger on the matter on the one pretext or the other. Finally, the complainant served a legal notice dated 20.1.2020 to the opposite parties, but the opposite parties failed to give any reply. 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 make the payment as per the agreement of Rs. 96,529/- alongwith interest.
2) To pay Rs. 15,000/- as compensation and Rs. 10,000/- 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 totally invested Rs. 83,000/- in cash vide five FDRs 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 his own affidavit Ex.C-1, copies of receipts Ex.C-2 to Ex.C-6, copy of legal notice Ex.C-7 and postal receipts Ex.C-8 & Ex.C-9. Ld. Counsel for complainant on 15.10.2020 has made statement that he does not want to submit rejoinder and closed the evidence on behalf of complainant.
5. To rebut the case of the complainant, the opposite parties tendered into evidence copy of certificate of registration Ex.O.P1.2/1 and closed the evidence.
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-6 which shows that the complainant has deposited Rs. 83,000/- with the opposite parties in the shape of five FDRs on 15.2.2017. In Ex.C-2 & Ex.C-3 the maturity amount is mentioned as Rs. 18,608/- and maturity date is mentioned as 15.8.2018. It is further mentioned in the Ex.C-2 & Ex.C-3 that the above said FDRs were for the period of 18 months. Further, in Ex.C-4 to Ex.C-6 it shows that the complainant has deposited Rs. 17,000/- with the opposite parties in the shape of three FDRs on 15.2.2017 and the maturity amount is mentioned as Rs. 19,771/- and maturity date is mentioned as 15.8.2018 and the same were for the period of 18 months. Further, Ex.C-7 is the legal notice which was sent to the opposite parties and Ex.C-8 & Ex.C-9 are the postal receipts.
8. On the other hand, the opposite parties has placed on record certificate of registration Ex.O.P1.2/1, which shows that the Sahara Credit Cooperative Society Ltd., Sahara India Bhawan, Kapoorthala Complex, Aliganj, Lucknow, Uttar Pradesh has been registered as a Multi State Cooperative Society under section 7 of the Multi State Cooperative Societies Act, 2002 (39 of 2002) and the rules framed there under and the registration number of the society is MSCS/CR/333/2010. Apart from Ex.O.P1.2/1 the opposite parties have failed to place on record any evidence to rebut the case of the complainant.
9. From perusal of the record it shows that the complainant has opted the above said scheme of the opposite parties and deposited a total amount of Rs. 83,000/- with the opposite parties in the shape of 5 FDRs. Further, from Ex.C-2 to Ex.C-6 it proved that the above said FDRs were for the period of 18 months and on maturity the payment was to be given to the customer/complainant. Moreover, the opposite parties have failed to rebut the case of the complainant by producing any cogent and reliable evidence on record.
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. 83,000/- to the complainant alongwith interest at the rate of 6% per annum from the date of maturity i.e. 15.8.2018 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:
7th Day of December, 2020
(Kuljit Singh)
President
(Tejinder Singh Bhangu)
Member
