DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .
Complaint No. 91
Instituted on: 06.03.2019
Decided on: 15.02.2021
Sukhpreet Singh aged 23 years son of Gurcharan Singh, resident of Ward No.21, Ram Nagar Basti, Sangrur 148001.
…. Complainant.
Versus
1. Sahara Credit Co-operative Society Limited, Registered Office: Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow through its Managing Director 226 024.
2. Sahara Credit Cooperative Society Limited, District Office, Sunami Gate, Phirni Sangrur through its Branch Manager.
….Opposite parties.
For the complainant : Shri Sumir Fatta, Adv.
For the OPs : Shri Sanjeev Goyal and
Udit Goyal, Adv.
Quorum
Shri Jasjit Singh Bhinder, President
Shri Vinod Kumar Gulati, Member
ORDER BY:
Shri Jasjit Singh Bhinder, President.
1. The complainant filed this complaint pleading that the complainant availed the services of the opposite parties by opening RD account bearing number 63074800399 on 31.07.2013, the complainant deposited Rs.600/- per month for 31 months and by this way the Ops got deposited a total amount of Rs.18,600/-. The complainant regularly deposited 31 instalments with the opposite parties but the opposite parties failed to pay the due amount along with interest to the complainant after its maturity. The complainant has left with no other option but to knock the door of this Commission to get justice. Lastly, the complainant has prayed that the Opposite parties be directed to release the amount of Rs.18,600/- along with interest @ 8.5% per annum from the date of deposit till its realization and to pay Rs.50,000/- on account of mental agony, and harassment and an amount of Rs.5500/- on account of litigation expenses.
2. After the notice being served upon the opposite parties, the opposite parties appeared and filed written version. In written version taking preliminary objections that the complainant is not a consumer of opposite parties and that if the complainant is a member of the society and 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.
3. On merits, it is submitted that only a member of society can avail the benefits of society and the complainant after understanding the bye-laws and objects of the society had become member and being a member of society he had opened account bearing number 63074800399 with denomination of Rs.600/- per month and deposited Rs.18,600/- by depositing 31 instalments. It is stated further that the main reason of delay in making the payment is due to the EMBARGO in which the OPs cannot sale/purchase of anything without the order of the Court.
4. The complainant has tendered documents Ex.C-1 to Ex.C-2 and closed evidence. The opposite parties have produced Ex.OP-1 to Ex.OP-3 and closed evidence.
5. 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.
6. The learned counsel for the complainant has argued that on assurance of the opposite parties, the complainant availed the services of the opposite parties by opening RD account bearing number 63074800399 on 31.07.2013, the complainant was to deposit Rs.600/- per month for 60 but the complainant deposited 31 instalments of Rs.600/- per month i.e. Rs.18600/- but the opposite parties failed to pay the payment of Rs.18600/- along with interest after the maturity date, as such, the learned counsel for the complainant has contended that the complainant is entitle to get the maturity amount along with interest from the opposite parties. On the other hand, the learned counsel for the opposite parties has admitted that the complainant had opened RD account as stated above for Rs.600/- per month and deposited total amount of Rs.18,600/- but the amount could not be refunded to the complainant due to unavoidable circumstances. Any deficiency in service on the part of the OPs has been denied.
7. It is proved on record that the complainant deposited with the opposite parties a total amount of Rs.18,600/- under RD account as mentioned above, copy of which on record is Ex.C-1 but the opposite parties failed to pay the due maturity amount along with interest. Ex.C-2 is the affidavit of Sukhpreet Singh complainant and has deposed as per the complaint. Though the stand of the opposite parties is that the amount could not be paid due to unavoidable reasons, but the fact remains that the Ops have received the amount of Rs.18,600/- from the complainant and are liable to pay the same along with interest. The OPs have also produced Ex.OP-1 affidavit of GG Chhabra and he has deposed as per the written version. Ex.OP-2 is the blank form and Ex.OP-3 is the member ledger statement, which shows that the complainant has deposited the amount of Rs.18,600/- with the OPs. As such, it is proved on record that the opposite parties are deficient in service by not paying the requisite amount to the complainant.
8. Accordingly, we allow the complaint and direct the Opposite parties to pay to the complainant an amount of Rs.18,600/- along with interest @ 6% per annum from the date of deposit till realization. It is further directed to pay a lump sum compensation of Rs.5000/- 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.
9. A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.
Pronounced.
February 15, 2021.
(Vinod Kumar Gulati) (Jasjit Singh Bhinder)
Member President
