| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA C.C.No. 27 of 2.02.2021 Decided on : 06-06-2023 Tara Singh Ahluwalia @ Tara Singh aged about 61 years R/o House No. 16791, Street No. 4, Basant Vihar Colony, Bathinda. ........Complainant Versus Sahara Credit Cooperative Society Ltd., Regd. Office: Sahara India Bhawan,1, Kapoorthala Complex, Aliganj, Lucknow-226024 through its M.D./CEO/G.M. Sahara Credit Co-operative Society Ltd., Sahara India Pariwar, Sector Office, SCF 40-41, Phase 5, Mohali 160059 through Sector-Office Head/Manager Sahara Credit Cooperative Society Ltd., Branch Office, First Floor, 731 opposite Emison Pride Hotel, Amrik Singh Road, Bathinda- 151001 through its Centre/ Branch Head/ Manager.
.......Opposite parties Complaint under Section 35 of the Consumer Protection Act, 2019 QUORUM Sh. Lalit Mohan Dogra, President Sh. Shivdev Singh, Member Present : For the complainant : Sh. K K Vinocha, Advocate. For opposite parties : Sh. R.K Duggal, Advocate. ORDER Shivdev Singh Member The complainant Tara Singh Ahluwalia (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019, (here-in after referred to as 'Act') before this Commission against Sahara Credit Cooperative Society Ltd., and others (here-in-after referred to as opposite parties). Briefly stated, the case of the complainant is that on 17.08.2016, he invested with the opposite parties a sum of Rs. 4,32,000/- on interest in fixed deposit i.e. for 18 months schemes, to be matured on 17.02.2018 for Rs. 5,02,416/-, vide receipt No. 80582127936, Certificate No.925003000170, Membership No. 25511600527 and Account No. 25516201286. In this respect F-2, Sahara .A. select certificate No. 925003000170 has been issued by the opposite parties to complainant. It is alleged that complainant has been visiting the opposite parties time and again, since maturity date i.e...17.2.2018 for collecting the aforesaid maturity amount in respect of his aforesaid investment against deposit of original Certificate and after giving its valid discharge in favour of opposite Parties, but all the times opposite parties have kept the matter postponed on one pretext or the other, which mainly included for want of funds received by Br. Office from Head-office of Opposite parties. It has been further told to complainant orally that maturity sum along-with further interest thereon, which would be equal to promised one as per deposit will be paid to the complainant. It is also alleged that the opposite parties have been withholding maturity sum of Rs. 5,02,416/- since 17.02.2018 illegally, wrongfully, against law and facts. The complainant also got served legal notice dated 28.12.2020 upon the opposite parties, but the Opposite parties have neither made any payment nor given any reply till date. On this backdrop of facts, the complainant has prayed for directions to the opposite parties to pay maturity amount of Rs. 5,02,416/- alongwith interest 11% p.a. and compensation to the extent of Rs.50,000/- on account of mental agony and pains besides Rs.25,000/- as litigation expenses. Upon notice, opposite parties appeared through counsel and contested the complaint by filing written reply raising preliminary objections that complainant is not consumer. There is no relation of consumer and service provider between the complainant and the opposite parties. The opposite parties are Society duly registered under "Multi State Co-operative Society Act, 2002" and the complainant is a member of Society. Thus relation between the complainant and opposite parties is of Member and Society. If the complainant who is a member of the Society has any grievance or dispute with the Society, the complainant is bound to refer his dispute before Arbitrator as per clause 11 of the terms & condition of the contribution of the scheme SaharaCreidt Coopwerative society Limited. On merits, opposite parties have pleaded that they never made resquest to reinvest the amount. The complainant himself approached the office of the opposite parties for further investment. The opposite parties are multipurpose co-operative society registered under Multi State Co-operative societies Act 2002. The opposite parties are not collecting the funds from General Public for the purpose of investment. Rather the members of the society made contribution in the society. In further reply, the opposite parties have replied that the version/pleadings of the complainant are matter of record. It has been pleaded that the complainant himself approached the company to take the good benefit. The payment, if any, was strictly payable as per terms & conditions of the contribution. It is submitted that under Sahara credit society scheme, there is no provision of maturity or pre-maturity payment. The complainant has made false and baseless statement. After controverting all other averments of the complainant, the opposite parties prayed for dismissal of complaint. In support of his complaint, the complainant has tendered into evidence his affidavit dated 2.2.2021 (Ex.C-1) and the documents (Ex. C-2 to Ex. C-6). In order to rebut the evidence of complainant, the opposite parties have tendered into evidence affidavit of Krishan Chander dated 24.4.2023 (Ex. OP-1/1) and closed the evidence. We have heard learned counsel for the parties and gone through the record. It is submitted by learned counsel for complainant that receipt of amount is admitted. This version is only afterthought version to delay refund of amount. On the other hand, learned counsel for opposite parties has submitted that the payment was never denied to the complainant. He is not entitled to any interest after maturity period. Counsel for the opposite parties further argued that there is no relation of consumer and service provider between the complainant and the opposite parties and as such, complaint is not maintainable before this Commission and the second objection raised by the counsel for the opposite parties is that as per Clause '11' of terms & conditions of contribution of the scheme Sahara Credit Coperative Society Limited, all disputes between society and member of the society are required to be referreed to the Arbitrator. This argument of the counsel for the opposite parties has no force as Arbitration and Conciliation Act does not bar the jurisdiction of Consumer Commission. Even opposite parties have not produced any agreement or document signed by complainant and representative of the opposite parties to this effect that parties shall be governed by Multi State Co-operative Society Act, 2002 as well as provisions of Arbitration and Consideration Act. As such, complainant has rightfully approached this Commission for redressal of his grievances. Moreover, in the written statement and evidence on record, there is not even a single word as to why the opposite parties are not ready to refund the amounts received from the complainant. The complainant has pleaded that he invested amounts, which was to mature on 17.2.2018 with maturity value of Rs. 5,02,416/-. A perusal of Ex. C-2 supports and proves the version of the complainant. The complainant has asserted that opposite parties have failed to refund the amount. Hence failure on the part of the opposite parties for not refunding the amount deposited by the complainant without any reasonable cause amounts to deficiency in service on their part. 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.5,02,416/- being maturity value of FDR (Ex. C-2) which matured on 17.2.2018. As opposite parties have delayed the payment, the complainant is also entitled to interest @ 9% per annum on amount of Rs.5,02,416/- from 17.2.2018 till realization. Opposite parties are at liberty to get filled up any form from the complainant, if so required for release of payment to him. The compliance of this order be made within 45 days from the date of receipt of copy of this order. The complaint could not be decided within the statutory period due to heavy pendency of cases. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room. Announced:- 06-06-2023 (Lalit Mohan Dogra) President
(Shivdev Singh) Member | |
