DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,SANGRUR.
Complaint No. 455
Instituted on: 27.08.2019
Decided on: 05.04.2021
Sarabjit Kaur wife of Baljinder Singh resident of village Khanal Kalan Tehsil Dirba, 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. Sarabjit Kaur, complainant (referred to as CC 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 a total amount of Rs.18000/-(Rs.500/- every month) vide Sahara.S.Anokha scheme on 14.08.2015. The date of maturity of the said scheme was 14.08.2018 and maturity value of the said plan is Rs.24480/-. After due date of said scheme 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 scheme i.e. Rs.24480/- 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 she should go to the arbitrator for arbitration. On merits, it is stated that the complainant being the member of the society vide membership number 56151500094 had chosen to invest amount in Sahara S Anokha . It is further submitted that the maturity value of accounts was as per the terms and conditions of scheme. It is denied that the maturity amount of Sahara -S Anokha is Rs.24480/-. It is admitted that the complainant paid only Rs.8000/-. 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 August, 2015 by investing a total amount of Rs.18000/- (Rs.500/-every month) for three years under Sahara-S Anokha. Further it is contended that the complainant approached the OPs and requested OP number 2 to release the maturity amount of the said scheme, 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 a total amount of Rs.8000/- under Sahara-S Anokha by the complainant but they have specifically denied that the maturity amount under the Sahara S Anokha Paln is of Rs.24480/-.
6. It is proved on record that the complainant deposited with the opposite parties a total amount of Rs.8000/- under Sahara-S Anokha vide copy of account statement Ex.OP-2. Though the stand of the opposite parties is that the complainant is not a consumer but it is denied that the complainant was entitled to get an amount of Rs.24480/-. From the perusal of entire documents we find that the complainant has miserably failed to produce any cogent and reliable document showing that the complainant is entitled to get an amount of Rs.24480/. Rather the OPs have produced on record copy of account statement which clearly shows that the complainant deposited an amount of Rs.8000/- only with the OP. In the circumstances, we feel that the ends of justice would be met if the Ops are directed to pay to the complainant only deposited amount of Rs.8000/- along with interest @ 6% per annum from the date of deposit of respective amount till realization.
7. Accordingly, in view of our above discussion, we allow the complaint and direct the Opposite parties to pay to the complainant deposited amount of Rs.8000/- along with interest @ 6% per annum from the date of deposit of respective amounts till realization in full. It is further directed to pay to the complainant 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. 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/-