DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .
Complaint No. 328
Instituted on: 16.07.2019
Decided on: 31.08.2021
Reena Mittal wife of Late Sh. Dinesh Kumar Mittal, resident of New Grain Market, Bhawanigarh, Tehsil Bhawanigarh, District Sangrur.
…. Complainant.
Versus
1. Sahara Credit Co-operative Society Limited, Registered Office: Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow 226024 through its Managing Director.
2. Sahara Credit Cooperative Society Limited, Branch Office; Main Bazar, Char Khamba Market, Bhawanigarh, Tehsil Bhawanigarh 148026 District Sangrur through its Branch Manager.
3. Sahara Credit Cooperative Society Limited, Branch Office: Opposite Polo Ground, Near Sethi Sales, Patiala-147001 through its Branch Manager.
….Opposite parties.
For the complainant : Shri S.S.Ratol, Adv.
For the OPs : Shri Sanjeev Goyal and
Shri Udit Goyal, Advocates.
Quorum
Sant Parkash Sood, President
Vinod Kumar Gulati, Member
Sarita Garg, Member
ORDER BY:
Sant Parkash Sood, President.
1. Complainant Reena Mittal has approached this Forum/Commission alleging inter-alia that the husband of the complainant availed services of OPs by investing a sum of Rs.1,21,000/- vide policy/Fixed Deposit acknowledged by the OPs by issuing FDR bearing number 925-00815421 dated 29.12.2016 with maturity amount of Rs.1,40,723/- after 29.06.2018. The husband of the complainant died on 3.12.2017 as such the complainant being the beneficiary is the consumer of the OPs and is entitled to get the amount of said FDR. Continuing further, the complainant has also alleged that after expiry of the dead line, she approached various officials of the OPs and requested them to release the maturity amount but latter failed to do the needful and this is how they were clearly deficient in their services. Even thereafter the complainant approached various authorities on numerous occasions but when nothing was done by the OPs then she was constrained to approach this Forum/Commission with a request for directing the Ops to release a sum of Rs.1,40,723/- along with interest and also for Rs.1,00,000/- on account of mental harassment and inconvenience meted out to her and Rs.22.000/- as litigation expenses.
2. Upon being served, the OPs appeared through Advocate Shri Udit Goyal and filed written response raising preliminary objection regarding status of the complainant being a consumer and also explained as to how their’s is a society and it was only on the specific request of the complainant that she was inducted as a member thereof, as such, there was no occasion for the complainant to bring this dispute before the Consumer Forum/Commission instead of approaching the Arbitrator in view of the arbitration clause.
3. Besides the above said legal objection, OPs have also averred that it is only member of the society who can avail its benefit and, therefore, after having well understood various rules, regulations, byelaws and objectives of the society the complainant became a member and thereafter invested a sum of Rs.1,21,000/- in the shape of fixed deposit for 18 months. After expiry of the said period the complainant never approached concerned officials of the OPs, as such it was not possible for the latter to release the maturity amount. That being so, complainant could not allege herself to be a consumer of the OPs as there is no subsistence of relationship of consumer and that of the service provider between the complainant and the OPs. So, the complainant cannot legally seek any such relief under the Consumer Protection Act, so her complaint deserves dismissal.
4. The learned counsel for the parties produced their respective evidence before this Commission in the shape of documents and affidavits.
5. We have gone through the pleadings put in by both the parties along with their supporting documents with their valuable assistance.
6. Learned counsel for the complainant has argued that his client availed services of the OPs by investing a sum of Rs.1,21,000/- vide policy/Fixed Deposits bearing FDR number 925-000815421. Further it was also argued that after the lapse of the expiry date, the complainant approached the Ops with a request to release the maturity amount but some how or the other latter did not accede thereto thereby compelling to approach this Forum/Commission.
7. On the other hand, learned counsel for the OPs contended that the complainant is not a consumer, therefore, her grievance cannot be heard sympathetically in this Forum/Commission. Fact of the matter is that the OPs happens to be a society and the complainant became its member and thereafter invested some amount in one of its schemes as such now if there is any sort of dispute between the complainant and the OPs then only option open to the complainant was to approach the arbitrator and seek his indulgence instead of rushing to this Commission, so the present complaint should be thrown out.
8. Admittedly, the complainant deposited a sum of Rs.1,21,000/- with the OPs vide receipt correct photocopy of which has been produced on record as Ex.C-2 and the total maturity value of the invested sum happens to be Rs.1,40,723/- after 29.06.2018. However, there is variance between the parties so far as the status of the complainant is concerned as complainant alleges herself to be a consumer vis-à-vis OPs which can well termed to be service provider whereas latter has alleged themselves to be a society and the complainant being a member thereof should have approached the Arbitrator in case of any dispute to resolve this controversy. If we look into the file, Ops have not placed any document on record which could indicate that the complainant at any point of time approached the Ops with a specific request to acquire its membership and then had invested with it. In the same context, going a step ahead there is absolutely no material which could show that any such resolution was adopted by various officials of the OPs or if complainant was ever made to write her signatures on any such application form for becoming member thereof. Ex.OP-2 is simply a printed form with all its columns lying blank could hardly be pressed into service to fortify the contention of the OPs. Even a sole and definite stand adopted by OPs in this regard vide a separate application also stood repelled by this Forum/Commission. On the contrary, the correct photocopy of the receipt relied upon by the complainant palpably go to show that in fact the disputed amount of Rs.1,21,000/- was invested by the complainant with concerned officials of the OPs having assured him to repay the maturity value of Rs.1,40,723/- after 29.06.2018 could not be shattered. Now the Ops have not released the maturity value which tantamounts to deficiency in service on its part.
9. So, in view of our above discussion, we allow the complaint and direct the Ops to pay to the complainant an amount of Rs.1,40,723/- along with interest @ 6% per annum from the date of maturity till realization. We further direct the OPs to pay to the complainant an amount of Rs.5000/- as compensation for mental agony, harassment and further an amount of Rs.5000/- on account of 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.
10. A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.
Pronounced.
August 31, 2021.
(Sarita Garg) (Vinod Kumar Gulati) (Sant Parkash Sood)
Member Member President
