DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint No 301
Instituted on: 16.07.2018
Decided on: 26.04.2019
Shashi Kumar aged 40 years Son of Birj Lal, resident of Patti Sunami, Longowal, District Sangrur.
…. Complainant.
Versus
1. Sahara Credit Cooperative Society Ltd. Regd. Office: Sahara India Bhawan,
1, Kapoorthala Complex, Aliganj, Lucknow- 226 024. through its Managing
Director,
2. Sahara Credit Cooperative Society Ltd. Sunami Gate Phirni, Near Ganga Ram Chawla House Sangrur. through its Branch Manager,
….Opposite parties.
FOR THE COMPLAINANT: Shri Sumir Fatta, Advocate
FOR OPP. PARTIES : Shri Udit Goyal ,Adv.
Quorum
Vinod Kumar Gulati , Presiding Member
Manisha , Member
ORDER:
Vinod Kumar Gulati, Presiding Member
- Sh. Shashi Kumar aged 40 years Son of Birj Lal,, 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 on the request of Ops, the complainant availed the services of the Ops by depositing an amount of Rs/- 40,000/-for the period of 18 months on dated 12.04.2016 vide receipt no.992514195577, the OPs were to pay an amount of Rs.46,520/- on 12.10.2017 on maturity, but the Ops failed to pay the amount despite the expiry of the maturity date 12.10.2017. 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.46,520/- along with interest @ 8.5% per annum from the date of maturity till the realization and further claimed compensation and litigation expenses.
- 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 should go to the arbitrator for arbitration. On merits, it is stated that the complainant being the member of the society vide membership no.630716000031 on 12.04.2016 opened an account under account number 63076200112 and has invested Rs.40,000/- on 12.04.2016 for 18 months at Sangrur with the maturity date as 12.10.2017.
3. The complainant has tendered documents Ex.C-1 to Ex.C-3 copies of the documents and affidavit and closed evidence. On the other hand, the learned counsel for OPs has produced Ex.OP/1 to Ex.OP/2 documents and affidavit and closed evidence.
4. We have very carefully perused the pleadings of the parties, evidence produced on the file and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits acceptance, for these reasons.
5. From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that the complainant had deposited Rs.40,000/- with Ops on 12.04.2016 and the Ops was to pay an amount of Rs.46,520/-on 12.10.2017, but the grievance of the complainant is that the said amount has not been paid despite the expiry date of 12.10.2017, which has already elapsed and the complainant approached the Ops so many times for the payment, but the payment has not been made so for . Ex.C-3 is the sworn affidavit of the complainant to support his contention in the complaint. The learned counsel for the Ops submitted application for amendment in the written statement , which was allowed , but the Ops did not submit the amendment in written statement.
6. So, in view of our above discussion, we allow the complaint of the complainant and direct the OPs to pay to the complainant an amount of Rs.46,520/- along with interest @ 8.5% per annum from the date of maturity i.e.12.10.2017 till realization in full. We further order the OPs to pay to the complainant a sum of Rs.3,000/- on account of compensation and as litigation expenses.
7. This order of ours shall be complied with within a period of 60 days from the date of receipt of copy of this order. A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.
Pronounced.
April 26, 2019.
(Vinod Kumar Gulati)
Presiding Member
(Manisha )
Member
