DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 33 of 24.1.2019

                                      Decided on: 2.2.2021

Vikas Silyan aged about 25 years s/o Sushil Kumar Silyan S/o Sh.Ram Sarup R/o # 29, Street No.3, Opposite Mohindra College, Mohindra Collage Colony, Patiala.

                                                                   …………...Complainant

                                      Versus

1. Sahara Credit Cooperative Society Ltd., Head office, Sahara India Bhawan,1-Kapoorthala Complex, Aliganj, Lucknow-226024 (U.P.) through its Managing Director/Chairman.
2. Sahara India Parivar, Opposite Polo Ground,Near Sethi Sales Corporation, Lower Mall, Patiala through its Manager/Sector Manager.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Sh. Jasjit Singh Bhinder, President

                                      Sh.Y.S.Matta, Member 

ARGUED BY

                                      Sh.Amit Trehan,counsel for complainant.

                                      Sh.Dhiraj Puri, counsel for OPs.                                   

 ORDER

                                      JASJIT SINGH BHINDER,PRESIDENT

1. This is the complaint filed by Vikas Silyan   (hereinafter referred to as the complainant) against Sahara Credit Cooperative Society Ltd. and another (hereinafter referred to as the OP/s).
2. Briefly the case of the complainant is that he opened an account on the basis of  monthly deposit of Rs.2000/- with the OPs for a period of 60 months with the date of commencement as 9.1.2013.After due date the complainant approached OPs for making the payment but they refused to make the payment. The complainant also got served a legal notice dated 8.4.2018 upon the OPs but to no effect. There is thus deficiency in service on the part of the OPs. Hence this complaint with the prayer to accept the same by giving directions to the OPs to make the payment of principal amount of Rs.28,200/- alongwith interest @12% per annum; to pay Rs.50,000/- as compensation and Rs.5500/- as litigation expenses.
3. Upon notice OPs appeared through counsel and contested the complaint by filing written reply having raised preliminary objections that there is no relation between the complainant and the OPs as service provider; that the complaint is not maintainable; that the present complaint is misuse of process of law and is liable to be dismissed.
4. On merits the OPs denied all the averments and prayed for the dismissal of the complaint.
5. In support of the complaint, the ld. counsel for the complainant has tendered Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C18 and closed the evidence.
6. The ld. counsel for the OPs has tendered affidavit,Ex.OPA of Rameshwar Gupta, Manager and closed the evidence.
7. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
8. The ld. counsel for the complainant has argued that complainant has opened an account with the OPs for 60 months commencing from 9.1.2013 on the basis of monthly deposit of Rs.2000/-. The ld. counsel further argued that now the amount has become due but the OPs have not paid any amount. So the complaint be allowed.
9. On the other hand, the ld. counsel for the OPs has argued that this court has no jurisdiction to try the complaint and the complainant has to file the same before Assistant Registrar of the Cooperative Society, so the complaint be dismissed.
10. To prove his case Sh.Vikas Silyan has tendered his affidavit,Ex.CA and he has deposed as per his complaint. He  has also proved receipts, Exs.C3 to C17.All these documents show that the amount has duly been deposited with the OPs but they have not refunded the amount.Ex.C18 is the legal notice dated 8.4.2018 sent to the OPs.
11. On the other hand Sh.Rameshwar Gupta has tendered affidavit,Ex.OPA and he has deposed as per the written version.
12. As per the case of the complainant , he opened the account with the OPs and he had paid the amount vide receipts Exs.C3 to C17.As per the documents the account was opened for Rs.2000/- per month and the complainant deposited the amount for 15 months and he stopped depositing the amount after the case was filed against the OPs.
13. From the documents, it is clear that total amount of Rs.28,200/- has been deposited by the complainant but till today nothing has been paid to him by the OPs. No defence has been setup by the OPs to prove that why they have not paid the amount.
14. So the complaint is allowed and the OPs are directed to pay the principal amount of Rs.28,200/- alongwith interest @9% per annum from the date, the last payment was deposited till realization .The OPs are also directed to pay Rs.5000/-as compensation and Rs.5000/- as costs of litigation. Compliance of the order be made by the OPs within a period of 45 days from the date of the receipt of the certified copy of this order.

ANNOUNCED

DATED:2.2.2021         

                                                     Y.S.Matta                 Jasjit Singh Bhinder

                                                         Member                          President