DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .
Complaint No. 592
Instituted on: 20.11.2019
Decided on: 07.06.2021
Jagga Singh son of Kaka Singh, resident of Preet Colony, New Bus Stand, Bhawanigarh, District Sangrur.
…. Complainant.
Versus
1. Sahara Credit Co-operative Society Limited, Registered Office: Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow through its Managing Director 226 024.
2. Sahara Credit Cooperative Society Limited, Branch Office: Main Bazar, Char Khamba Market, Bhawanigarh, Tehsil Bhawanigarh, District Sangrur through its Branch Manager 148026.
….Opposite parties.
For the complainant : Shri G.S.Shergill, Adv.
For the OPs : Shri Sanjeev Goyal and
Udit Goyal, Adv.
Quorum
Shri Jasjit Singh Bhinder, President
Shri Vinod Kumar Gulati, Member
ORDER BY:
Shri Jasjit Singh Bhinder, President.
1. The complainant filed this complaint pleading that the complainant availed the services of the opposite parties by opening RD account bearing number 56154800364 on 23.08.2013 vide which the complainant had to deposit the amount of Rs.300/- after every month for five years i.e. total Rs.18,000/- and the complainant deposited the amount accordingly but the opposite parties failed to pay the due amount of Rs.26000/- along with interest to the complainant after its maturity. The complainant has left with no other option but to knock the door of this Commission to get justice. Lastly, the complainant has prayed that the Opposite parties be directed to release the amount of Rs.26,000/- along with interest @ 18% per annum from the date of maturity till its realization and to pay Rs.50,000/- on account of mental agony, and harassment and an amount of Rs.22,000/- on account of litigation expenses.
2. After the notice being served upon the opposite parties, the opposite parties appeared 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 11.
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 he had opened RD account with denomination of Rs.300/- per month and deposited Rs.11,100/- only. It is further stated that the complainant is not a consumer and the complainant cannot file the present complaint. Lastly, the Ops have prayed that the complaint be dismissed.
4. The complainant has tendered documents Ex.C-1 to Ex.C-2 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 argued that on assurance of the opposite parties, the complainant availed the services of the opposite parties by opening RD account bearing number 56154800364 on 23.08.2013, the complainant was to deposit Rs.300/- per month for 60 months but the opposite parties failed to pay the maturity amount 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.300/- per month and deposited total amount of Rs.11,100/- but the amount could not be refunded to the complainant due to unavoidable circumstances. Any deficiency in service on the part of the OPs has been denied.
7. It is proved on record that the complainant deposited with the opposite parties a total amount of Rs.11,100/- under RD account as mentioned above, copy of which on record is Ex.OP-2 but the opposite parties failed to pay the due maturity amount along with interest. Ex.C-2 is the affidavit of complainant and has deposed as per the complaint. Though the stand of the opposite parties is that the amount could not be paid due to unavoidable reasons, but the fact remains that the Ops have received the amount of Rs.11,100/- from the complainant and are liable to pay the same along with interest. The OPs have also produced Ex.OP-1 affidavit of Shri Raj Kumar and he has deposed as per the written version. Ex.OP-3 is the blank form and Ex.OP-2 is the member ledger statement, which shows that the complainant has deposited the amount of Rs.11,100/- with the OPs. As such, it is proved on record that the opposite parties are deficient in service by not paying the requisite amount to the complainant.
8. Accordingly, we allow the complaint and direct the Opposite parties to pay to the complainant an amount of Rs.11,100/- along with interest @ 6% per annum from the date of deposit till realization. It is further directed to pay a lump sum compensation of Rs.2500/- for mental agony, harassment and litigation expenses. This order be complied with by the opposite parties within 60 days from the date of receipt of certified copy of this order.
9. A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.
Pronounced.
June 7, 2021.
(Vinod Kumar Gulati) (Jasjit Singh Bhinder)
Member President
