DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR .
Complaint No. 450
Instituted on: 30.10.2018
Decided on: 09.08.2019
Harwinder Singh son of Sh. Pala Ram, Near Primary School, Vill. Gagarpur, Distt. Sangrur (Punjab).
…. Complainant.
Versus
1. Sahara Credit Cooperation Society Ltd., Firni Road, Near Ram Mandir, Sunami Gate, Sangrur through its Branch Manager.
2. Sahara Credit Cooperation Society Ltd., Sahara India Bhawan, 1, Kapoorthla Complex, Aliganj, Lucknow 226 024 Regd. No. MSCS/CS/333/2010 through its Managing Director.
….Opposite parties.
Counsel for the complainant: Shri Dhiraj Jindal, Adv.
Counsel for the OPs : Shri Udit Goyal, Adv.
Quorum
Shri Amrinder Singh Sidhu, President
Ms. Vandana Sidhu, Member
Shri Vinod Kumar Gulati, Member
ORDER BY:
Shri Amrinder Singh Sidhu, President.
1. The complainant filed this complaint pleading that the complainant availed the services of the opposite parties by opening RD account bearing number 63075100291 and membership number 63071400153 on 7.7.2014, the complainant deposited Rs.500/- per month for 36 months and the date of maturity of the RD account was 7.7.2018. The complainant regularly deposited 36 instalments with the opposite parties and on maturity the complainant would get an amount of Rs.18,000/- (along with interest) but the opposite parties failed to pay the maturity amount of Rs.18,000/- along with interest to the complainant till date. The complainant has left with no other option but to knock the door of this Forum to get justice. Lastly, the complainant has prayed that the Opposite parties be directed to release the maturity amount of Rs.18,000/- (along with interest) and further interest @ 18% per annum from the date of maturity till its realization and to pay Rs.30,000/- on account of mental agony, and harassment and an amount of Rs.5500/- on account of litigation expenses.
2. After the notice being served upon the opposite parties, the opposite parties appeared through Advocate Shri Udit Goyal and filed written version. In written version taking preliminary objections that the complainant is not a consumer of opposite parties and that if the complainant is a member of the society and has any grievance or dispute with the society, the complainant is bound to refer his dispute before Arbitrator as per Arbitration agreement under clause 10.
3. On merits, it is submitted that only a member of society can avail the benefits of society and the complainant after understanding the bye-laws and objects of the society had become member and being a member of society with membership number 63071400153 he had opened account bearing number 63075100291 with denomination of Rs.500/- per month under Sahara S Anokha Scheme for 48 months and the complainant deposited Rs.18,000/- with the opposite parties in 36 instalments of Rs.500/- each. It is stated that the opposite parties agreed to make payment but due to enhance demand amount with additional interest by the complainant the said payment could not be paid by the opposite parties.
4. The complainant has tendered documents Ex.C-1 to Ex.C-6 and closed evidence. The opposite parties have produced Ex.OP-1 to Ex.OP-3 and closed evidence.
5. We have gone through the pleadings of the parties and documents placed on record by the parties as well as heard the arguments advanced by the learned counsel for the parties.
6. The learned counsel for the complainant has contended that on assurance of the opposite parties, the complainant availed the services of the opposite parties by opening RD account bearing number 63075100291 and membership number 63071400153 on 7.7.2014, the complainant was to deposit Rs.500/- per month for 48 months and the date of maturity of RD account was 7.7.2018. The complainant regularly deposited 36 instalments with the opposite parties and on maturity the complainant would get an amount of Rs.18,000/-plus interest due but the opposite parties failed to pay the maturity amount of Rs.18,000/- plus interest to the complainant till date, as such, the learned counsel for the complainant has contended that the complainant is entitle to get the maturity amount along with interest from the opposite parties. On the other hand, the learned counsel for the opposite parties has admitted that the complainant had opened RD account as stated above for Rs.500/- per month and deposited total amount of Rs.18,000/-. The complainant also got served a legal notice upon the opposite parties on 9.10.2018, a copy of which on record is Ex.C-3 and postal receipts are Ex.C-4 and Ex.C-5. Further it is submitted that the opposite parties agreed to make payment but due to enhance demand amount with additional interest by the complainant the said payment could not be made by the opposite parties.
7. It is proved on record that the complainant deposited with the opposite parties a total amount of Rs.18,000/- under RD account as mentioned above, copy of which on record is Ex.C-2 but the opposite parties failed to pay the due maturity amount along with interest. Though the stand of the opposite parties is that the amount could not be paid due to enhance demand amount with additional interest by the complainant but we are of the considered view that the opposite parties are liable to pay the due amount on maturity date i.e. 7.7.2018. As such, the opposite parties are deficient in service by not paying the requisite maturity amount to the complainant and the Opposite parties are directed to pay to the complainant an amount of Rs.18,000/- (along with interest) and to pay further interest @ 9% per annum on the due amount from the date of maturity i.e. 7.7.2018 till realization. It is further directed to pay a lump sum compensation of Rs.4000/- for mental agony, harassment and litigation expenses. This order be complied with by the opposite parties within 30 days from the date of receipt of certified copy of this order. A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.
Pronounced.
August 9, 2019.
(Vinod Kumar Gulati) (Vandana Sidhu) (Amrinder Singh Sidhu)
Member Member President
