BEFORE THE DISTRICT CONSUMER FORUM AT NALGONDA

       PRESENT:  SRI MAMIDI CHRISTOPHER,

                      PRESIDENT.

                      SRI K.VINODH REDDY,

                      MEMBER.

. . .

TUESDAY, THE THIRTIETH DAY OF APRIL, 2019

CONSUMER COMPLAINT No. 12  OF 2018

Between:

T.Anjaneyulu S/o Lingaiah, Age: 54 years, Occ: Business,

R/o H.No.6-4-26, N.G.Colony, Nalgonda Town and District.

                                                                       …COMPLAINANT.

                                         AND

1) Sahara Credit Co-operative Society Limited, Near: Clock Tower,

    Nalgonda Town and District.  Represented by its Branch Manager.

2) Sahara Credit Co-operative Society Limited, Regd.Office,

    Sahara India Bhavan, 1, Kapoorthala Complex, Aliganj,

    Lucknow-226024, Uttar Pradesh State.  Represented by its

    Chairman and Managing Director.

                                                              …OPPOSITE PARTIES.

        This complaint  coming on before us for final hearing on 15/04/2019, in the presence of Smt.V.Aparna, Advocate for the Complainant, and Sri G.Narendar, Advocate for the Opposite Parties, and on perusing the material papers on record, and having stood over for consideration till this day,  the Forum passed the following:

ORDER OF THE FORUM DELIVERED

BY SRI MAMIDI CHRISTOPHER, PRESIDENT

1.     The Complainant T.Anjaneyulu filed this complaint under section 12 of the Consumer Protection Act, 1986 to direct the Opposite Parties to pay the matured amount of Rs.1,07,919/- with interest @ 24% p.a. from 23/06/2017 till realization, Rs.50,000/- towards deficiency of service, Rs.50,000/- towards mental agony along with costs of Rs.10,000/-.

Contd…2

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2.     The facts leading to file this complaint are as follows:

It is the say of the Complainant that, he had joined as a Member with the Opposite Parties No.1 and 2 under Membership No.18171200702 and opened an account bearing No.18174201046 with the Opposite Party No.1 on 22/06/2012, agreeing to deposit a sum of Rs.1,300/- p.m. under Sahara.M.Benefit Scheme for 60 months at Service Centre, Nalgonda.  At the end of the scheme, i.e. after 60 months the Complainant will be paid a maturity amount of Rs.1,01,380/- on 23/06/2017.

3.     He further says that he had approached the Opposite Party No.1 for payment of matured amount, as the Opposite Party No.1 was unable to pay the matured amount on that date, it had issued a Certificate stating that the matured amount of Rs.1,01,380/- was included in loyalty plan for six months, as per terms and condition of the loyalty plan the Complainant will get an amount of Rs.1,07,919/- on 30/12/2017.

4.     After completion of loyalty plan period, the Complainant had approached the Opposite Party No.1 to pay the matured amount as per Certificate No.118170000184, dated 23/06/2017.  The Opposite Party No.1 did not pay the above said amounts to the Complainant in spite of several requests.  Vexed with the attitude of the Opposite Party No.1, the Complainant had issued a legal notice, dated 09/01/2018 to the Opposite Parties No.1 and 2.  As there was no reply from the Opposite Parties No.1 and 2, the Complainant preferred this complaint.

Contd…3

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5.     The Opposite Party No.1 filed its written version along with adoption memo of Opposite Party No.2.

6.     The Opposite Party No.1 in its written version stated that the Complainant is not a consumer as the society wherein the Complainant is a member was registered under Multi State Co-operative Act, 2002, and also there is an arbitration clause between the member and the society.  The Opposite Party No.1 admits that the Complainant is a member of the society with Membership No.18171200702  and he had also opened an account with Account No.18174201046 on 22/06/2012 with an amount of Rs.1,300/- agreeing to deposit the said amount every month for 60 months, under Sahara.M.Benefit Scheme.  The Opposite Party No.1 further says that the maturity amount will be paid as per clause-5 of the terms and conditions of the scheme and also if the matured amount is taken after scheduled period, an additional interest is not payable.

7.     The Opposite Party No.1 further says that without surrendering the original pass-book, payment cannot be made and the Complainant willfully did not surrender the original pass-book and the Complainant himself denied to receive the matured amount which was payable as per clause-5 of the terms and conditions of the scheme.  The Complainant had demanded additional interest after maturity date which is not payable.

8.     Additional Plea by Opposite Party No.1:

 The Complainant before opting the scheme Sahara M.Benefit, has duly understood the terms and conditions of the scheme.  Clause-5 of the terms and conditions of scheme provides as under:

Contd…4

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        The Member account holder shall surrender the pass-book to the

        Society and the maturity shall be paid along with the interest as

        per the below mentioned chart.  No additional interest would be

        paid on the maturity amount, if taken after the scheduled period.

        i) Maturity payment of regular account: On deposit of Rs.200/-

   maturity amount shall be paid to the member account holder

   within 30 to 35 days from the demand made with the society

   as per the following charge (for monthly mode).

9.     That from the above conditions it is very much clear that member is bound to surrender the original pass-book with demand application of maturity along with other documents required by the Society for verification.  After 30 days from receiving the above documents payment may be made.  The members are also required to be present personally at the office of society with identity proof to get the chequ of payment and to sign discharge voucher.  But, the Complainant willfully did not surrender/submit the original pass-book and demand additional interest.

10.    That as per the above conditions no additional interest is payable if the maturity is taken after scheduled period.  Thus, the Complainant is not entitled to get additional interest over the maturity amount.  Therefore, the Opposite Party No.1 prayed for the dismissal of the complaint.

Contd…5

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11.    The Complainant filed his proof affidavit and marked Exs.A-1 to A-5.  Sri Paparaju Ramachandra Rao working as Assistant Manager with the Opposite Party No.2 filed his affidavit on behalf of the Opposite Parties No.1 and 2 and marked Ex.B-1.

12.    Now the points that arise for consideration are:

        1) Whether the Complainant is a consumer or not?

        2) Whether there was deficiency in service on the part of the

            Opposite Parties No.1 and 2?

        3) Whether the Complainant is entitled for the

             claims he made in his complaint?

        4) If so, to what extent?

13.    POINT No.1:

        As the Complainant and the Opposite Party No.1 came to an agreement, at the time of Complainant taking a membership with the Opposite Party No.1 and also agreed to deposit a sum of Rs.1,300/- per month for 60 months, for that the Opposite Party No.1 had issued a Pass-Book (Ex.A-1) to the Complainant, and the Opposite Party No.1 agreed to pay the accrued sum along with interest at the end of 60^th month, wherein the Opposite Party No.1 is gaining something on the deposit made by the Complainant and some of that gain was distributed to the Complainant, establishing that the Complainant is a consumer of the Opposite Party No.1.

14.    POINT No.2:

It is not in dispute that the Complainant had joined as a Member with the Opposite Party No.1, vide Membership No. 18171200702 and

Contd…6

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also opened an account vide Account No. 18174201046 on dated 22/06/2012, agreeing to deposit a sum of Rs.1,300/- per month for a period of 60 months regularly.  

15.    The Complainant paid regular installments of Rs.1,300/- per month up to 60 months.  Thereafter, when the Complainant approached the Opposite Party No.1 to settle the matured amount of Rs.1,01,380/- on 23/06/2017, the Opposite Parties No.1 and 2 issued a certificate on the same day with Certificate No.118170000184, in which it is stated that the matured amount was included in loyalty plan for six months as per the terms and conditions of the loyalty plan.  Further, in that certificate it is also stated that the final maturity amount of Rs.1,07,919/- will be paid on 30/12/2017 to the Complainant.  After maturity date of loyalty plan, i.e. 30/12/2017 when the  Complainant had  again approached  the  Opposite Parties No.1 and 2, they expressed their inability to pay the amount and advised the Complainant to approach the Ombudsman as per Arbitration Clause under Multi-State Co-operative Society Act, 2002.  Where there are multiple Forums to approach, the Complainant can choose any one of the Forum, as the Consumer Protection Act, 1986 is not in derogation of any other law in existence in force, but in addition to it, where the additional remedies are provided, choosing of this Forum by the Complainant not in derogation any other law.

16.    As the Opposite Parties No.1 and 2 did not settle the matured amount of loyalty plan as per Ex.A-2, where the Opposite Parties No.1 and 2 extended the first maturity amount of Rs.1,01,380/- for further

Contd…7

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six months by agreeing that they will pay Rs.1,07,919/- on 30/12/2017.  In spite of keeping their promise, now the Opposite Parties No.1 and 2 are taking lame excuses under Arbitration Clause, which cannot be accepted.  Hence, this Forum feels that there was deficiency in service on the part of the Opposite Parties No.1 and 2, in not paying the maturity amount in time.

17.    POINT Nos.3 & 4:

        In the light of the findings under Point No.2, the Complainant is entitled for Rs.1,07,919/- as per the Certificate issued by the Opposite Parties No.1 and 2, dated 23/06/2017 along with interest @ 9% p.a. from the date of maturity, i.e. 30/12/2017 till realization.

        In the result, the Opposite Parties No.1 and 2 are directed to deposit jointly and severally in this Forum, a sum of Rs.1,07,919/- (Rupees One lakh seven thousand nine hundred and nineteen only) along with interest @ 9% p.a. from the date of maturity, i.e. 30/12/2017 till realization and Rs.10,000/- (Rupees Ten thousand only) towards deficiency of service and mental agony along with costs of Rs.5,000/- (Rupees Five thousand only).  Time for compliance one month from the date of receipt of this Order.

        Accordingly, the complaint is partly allowed.

Dictated to Steno-Typist, transcribed by him, corrected and pronounced by us in the open Forum  on this 30^th day of April, 2019.

MEMBER                                                                     PRESIDENT

Contd…8

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APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Complainant:                                   For Opposite Parties:

Affidavit of Complainant.                            Affidavit of Sri Paparaju

                                                               Ramachandra Rao, Asst.Manager

                                                             of Opposite Party No.2 filed

                                                                  his affidavit on behalf of the

                                                             Opposite Parties.

EXHIBITS MARKED

For Complainant:

1) Ex.A-1:   Dt.22/06/2012     Xerox copy of Pass-Book.

2) Ex.A-2:   Dt.23/06/2012     Xerox copy of Certificate bearing No.

                                            118170000184, issued by Opposite Parties.

3) Ex.A-3:   Dt.09/01/2018     O/c of legal notice issued by the counsel

                                                for the Complainant to the Opposite Parties.

4) Ex.A-4:   Dt.10/01/2018     Postal Receipts (2 Nos.).

5) Ex.A-5:   Dt.11/01/2018     Postal Acknowledgement.

For Opposite Parties:

1) Ex.B-1:   Dt.22/06/2012     Xerox copy of Sahara.M.Benefit Membership

                                                Application Form.

                                                                  PRESIDENT

     DISTRICT CONSUMER FORUM

  NALGONDA

TO

1). Smt.V.Aparna,

     Advocate for the Complainant.

2). Sri G.Narendar,

     Advocate for Opposite Parties No.1&2.