DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

                                      SANGRUR.

                                                          Complaint No:   168

                                                          Instituted on            :   24.04.2019

                                                           Decided on     :   05.04.2021

Parween Rani wife of Makhan Lal resident of village Ramgarh Sandhwan Tehsil Lehra, District Sangrur.

                                                …. Complainant.      

                                         Versus

1.     Sahara Credit Cooperatvive Society Ltd. Regd. Office: Sahara India Bhawan, 1, Kaapoorthala Complex, Aliganj, Lucknow through its Managing Director;226024.

2.     Sahara Credit Cooperative Society Ltd. 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, Advocate                          

FOR OPP. PARTIES              :             Shri Sanjeev Goyal, Adv.         

Quorum:   Shri Jasjit Singh Bhinder, President

                Shri V.K.Gulati, Member   

ORDER:  

Shri Jasjit Singh Bhinder, President

FACTS

1.             Parween Rani, 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 she availed the services of the OPs by investing an amount of Rs.18988/- vide policy/ FDR on 27.07.2017. The date of maturity of the said FDR was 26.07.2018 and maturity value of the FDR is Rs.21551/-. After due date of said FDR the complainant submitted all the relevant documents with OP no.2 for releasing the amount. The complainant requested the OPs so many times to release the maturity amount but they failed to do so. Thus, alleging deficiency in service on the part of the Ops,  the complainant has prayed that the opposite parties be directed to release the amount of FDR i.e. Rs.21551/- along with interest and to pay Rs.50,000/- on account of mental torture, agony, inconvenience and an amount of Rs.22,000/- on account of litigation expenses.

WRITTEN VERSION

2.             In reply filed by the Ops, preliminary objections are taken up on the grounds that the complainant is not a consumer as the complainant is a member of the society and if any member of the society has any grievance then he is bound to refer his dispute before the arbitrator as per clause 11 of the terms and condition of the Contribution of the scheme Sahara Credit Co-operative society Limited. On merits, it is stated that the complainant being the member of the society vide membership number 56151600013 had chosen to invest amount in Sahara A Select- SCCSL in the shape of  FDR at Franchise office Bhawanigarh of Society. It is further submitted that the maturity value of accounts was as per the terms and conditions of scheme. The complainant demanded additional interest after date of maturity but no additional interest is payable to the complainant after the date of maturity. As such there is no deficiency in service on the part of the OPs.

EVIDENCE AND FINDINGS

3.             The learned counsel for the parties produced their respective evidence before this Commission in the shape of documents and affidavits.

4.             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.

5.             The learned counsel for the complainant has contended that the complainant availed the services of the opposite parties in the month of July 2017 by investing an amount of Rs.18988/- vide policy/FDR which was issued by the OP no.2 in favour of the complainant. Further it is contended that the complainant approached the OPs and requested OP number 2 to release the maturity amount of the FDR, but the amount was not paid despite approaching the Ops as such it is stated that the Ops are deficient in rendering service to the complainant. On the other hand, the Ops have admitted the deposit of amount by the complainant but the maturity amount was not paid.  It is contended by the learned counsel for the OPs that the complainant is not a consumer of the OPs nor this is a consumer dispute, as such the learned counsel for the OPs have contended that this complaint should be dismissed. But we are unable to accept such a contention of the learned counsel for the OPs. 

6.             It is proved on record that the complainant deposited with the opposite parties a total amount of Rs.18988/- vide receipt Ex.C-2   and the maturity amount payable to the complainant was to the tune of Rs.21551/- but the opposite parties failed to pay the due maturity amount along with interest.  Though the stand of the opposite parties is that the complainant is not a consumer but we are of the considered view that the opposite parties are liable to pay to the complainant the maturity amount of Rs.21551/-. As such, the opposite parties are deficient in service by not paying the requisite amount to the complainant.

7.             In view of our above discussion, we allow the complaint and direct the Ops to pay to the complainant an amount of Rs.21551/- along with interest @ 6% per annum from the date of maturity till realization.  It is further directed to pay to the complainant an amount of Rs.2500/- as compensation 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.

8.             A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

                        Announced.

                        April 5, 2021

                (Vinod Kumar Gulati)                (Jasjit Singh Bhinder)

                         Member                                 President

        BBS/-