DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

                                      SANGRUR.

                                                          Complaint No:   259

                                                          Instituted on            :   04.06.2019

                                                          Decided on     :   11.01.2021

Rajiv Kumar son of Jagan Nath 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 Udit Goyal,Adv.         

Quorum:   Shri Jasjit Singh Bhinder, President

                Shri V.K.Gulati, Member   

ORDER:  

Shri Jasjit Singh Bhinder, President

1.             Rajiv Kumar, 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 he availed the services of the OPs by investing an amount of Rs.16000/- vide FDR on 23.12.2015. The date of maturity of the said FDR was 23.06.2017 and maturity value of the FDR is Rs.20046/-. 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.20046/- 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.

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 should go to the arbitrator for arbitration. On merits, it is stated that the complainant being the member of the society vide membership number 68551500290 had chosen to invest amount in Sahara A Plan 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.

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 December, 2015 by investing an amount of Rs.16000/- vide 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 an amount of Rs.16000/- by the complainant but they have specifically denied that the maturity amount is of Rs.20046/-.

6.             It is proved on record that the complainant deposited with the opposite parties a total amount of Rs.16000/- vide copy of the ledger Ex.C-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.20046/-. 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.20046/- . In the circumstances, we feel that the ends of justice would be met if the OPs are directed to pay to the complainant an amount of Rs.16000/- along with interest @ 9% per annum from the date of deposit till realization.

7.             Accordingly, in view of our above discussion, we allow the complaint and direct the Ops to pay to the complainant an amount of Rs.16000/- along with interest @ 9% per annum from the date of deposit i.e. 23.12.2015 till realization in full.  It is further directed to pay to the complainant a lump sum compensation of Rs.10,000/- 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.

                        January 11, 2021

                (Vinod Kumar Gulati)                (Jasjit Singh Bhinder)

                         Member                                 President