Punjab

Sangrur

CC/314/2018

Jatinder Kumar - Complainant(s)

Versus

Sahara Credit Cooperative Society Limited - Opp.Party(s)

Sh.M.K.Satija

12 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

 

  

                                                                    Complaint No. 314

Instituted on:   23.07.2018

                                                                   Decided on:     12.04.2019

 

 

Jatinder Kumar nominee/son of Kiran Lata wife of Sat Pal resident of House No.331, Guru Nanakpura Mohalla, now resident of Krishna Basti, Sangrur, Tehsil and District Sangrur.

 

                                                        …. Complainant.      

               

                                                 Versus

 

1.     Sahara Credit Cooperative Society Limited,  Sunami Gate, Phirni Road, Near Ganga Ram Chawla House, Sangrur through its  Branch Manager.

2.     Sahara Credit Cooperative Society Limited, Regd. Office, Sahara India Bhawan 1, Kapoorthala Complex, Aliganj, Lucknow 226 024 through its Managing Director.

             ….Opposite parties.

 

 

FOR THE COMPLAINANT:     Shri M.K.Satija, Advocate                           

 

FOR OPP. PARTIES              :             Shri Udit Goyal,Adv.         

 

 

Quorum

         

                   Vinod Kumar Gulati, Presiding Member

                   Mrs. Manisha, Member

         

ORDER:  

 

Vinod Kumar Gulati, Presiding Member

 

1.             Shri Jatinder Kumar, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the mother of the complainant, namely, Kiran Lata, invested an amount of Rs.18,000/- on 7.1.2016 with the OP number 1 under 19 months plan with the date of maturity as 7.7.2017 and on maturity the amount payable to the complainant was Rs.21,240/-. It is further averred that the OP number 1 issued registration certificate bearing number 63076200025. Further case of the complainant is that during the policy period, the mother of the complainant died on 11.2.2018 and the complainant being the nominee is entitled to get the amount, as such, the complainant applied for release of the said amount of Rs.21,240/-, but the Ops failed to pay the amount, despite repeated visits of the complainant to the Ops. Thus, alleging deficiency in service on the part of OPs, the complainant has prayed that the Ops be directed to pay to the complainant the maturity amount of Rs.21,240/-  along with interest @ 18% per annum from the date of maturity and further claimed compensation and litigation expenses.

 

2.             In reply filed by the OPs, preliminary objections are taken up on the grounds that the complainant is not a consumer and that 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 Arbitration agreement under clause 11 of the scheme Sahara-A. On merits, it is admitted that after admitting the terms and conditions of Sahara-A Select Scheme, the complainant being member of society vide membership number 63071600007 on 7.1.2016 had invested an amount of Rs.18,000/- vide account number 63076200025 for 18 months at Franchise office Sangrur of the society. The maturity value of accounts was as per terms and conditions of the scheme. It is stated further that the complainant has not lodged any claim for release of the amount.  Any deficiency in service on the part of the Ops has been denied.

 

3.             The complainant has tendered documents Ex.C-1 to Ex.C-4 copies of the documents and affidavit and closed evidence. On the other hand, the learned counsel for OPs has produced Ex.OP1/1 to Ex.OP1/5 documents and affidavit and closed evidence.

 

4.             We have very carefully perused the record, pleadings of the parties, evidence produced on the file and heard the oral arguments of the learned counsel for the parties. None of the parties submitted written arguments.

 

5.             It is an admitted fact that mother of the complainant Smt. Kiran Lata  was a consumer of the Ops by investing an amount of Rs.18,000/- on 7.1.2016 with the date of maturity as 7.7.2017 and the payment on maturity was payable to the tune of Rs.21,240/- vide registration number 63076200025. The date of the maturity of the said policies/ schemes was 07.07.2017. Further the Ops produced on record the Hindi version of Children Welfare Plan application form with the signature of mother of the complainant. The date of maturity of said policy/ scheme was 07.07.2017.  The complainant has produced on record Ex.C-3 copy of registration certificate, which clearly shows that on maturity i.e. 07.7.2017, an amount of Rs.21,240/- was payable, but the said amount was not paid to the complainant being nominee despite his best efforts, which is  a clear cut case of deficiency in service on the part of the Ops.

 

6.             So, in view of our above discussion, the complaint of the complainant is allowed with a direction to the Ops to pay to the complainant an amount of  Rs.21,240/- along with interest @ 9% per annum from the due date i.e. 7.7.2017 till realization. Compensation for mental harassment, agony  and litigation expenses of Rs.2500/- are more allowed in favour of the complainant and against the Ops. Payment of awarded amounts of compensation and litigation expenses be made within 45 days from the date of receipt of copy of the order. A copy of the order be supplied to the parties free of costs as per rules. File be indexed  and consigned to records in due course.

Pronounced.

 

                        April 12, 2019.

                                                               

 

                                                             (Vinod Kumar Gulati)

                                                                Presiding  Member

 

 

                                                                    (Manisha)

                                                                      Member