| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No.141 of 24.8.2020 Decided on: 16.7.2021 Pawan Kumar son of Sh.Balbir Singh, age about 40 years, resident of House No.719, Street No.7-A, Tafazalpura, Patiala 147001. …………...Complainant Versus - Sahara Credit Cooperative Society Limited, Sahara India Bhawan, 1, Kapurthala Complex, Aliganj, Lucknow-226024, through its M.D.
- Sahara Credit Cooperative Society Limited, Sahara India Privar, Near Sethi Sales Corporation, Opposite Polo ground, Patiala through its Manager.
…………Opposite Parties Complaint under Section 35 of the Consumer Protection Act, 2019. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Vinod Kumar Gulati, Member ARGUED BY Sh.M.L.Sharma, counsel for complainant. Sh.Dhiraj Puri,counsel for OPs. ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Pawan Kumar (hereinafter referred to as the complainant) against Sahara Credit Cooperative Society Limited and another (hereinafter referred to as the OP/s) under the Consumer Protection Act,2019(hereinafter referred to as the Act).
- Briefly the case of the complainant is that the OPs launched a saving scheme namely Sahara .E. Shine in the shape of FDRs and the complainant vide membership No.25921101770 deposited Rs.8000/-in account No.25923700481, Rs.8000/- in account No. 25923700482 and another amount of Rs.8000/- in account No. 25923700483 on 7.6.2011 for 96 months and OPs issued certificates Nos.35100 0217625, 35100 0217626 and 35100 0217627. Accordingly the complainant deposited total amount of Rs.24000/- with the OPs at Patiala. It is averred that the maturity date of the said deposits was 7.6.2019 with maturity amount of Rs.18,112/- of each deposit i.e. in total Rs.54336/-. It is further averred that after due date the complainant visited the office of the OPs several times for getting the maturity amount but the OPs did not pay any amount which caused lot of mental agony and harassment to the complainant. There is thus deficiency in service on the part of the OPs. Hence this complaint with the prayer for giving direction to the OPs to release the maturity amount alongwith 9% per annum interest from the date of maturity till realization and also to pay Rs.10,000/-as compensation and Rs.3300/- as litigation expenses.
- Upon notice OPs appeared through counsel and contested the complaint by filing written reply having raised preliminary objections that the complainant has not approached this Commission with clean hands ; that this Commission has no territorial jurisdiction as Sahara Credit Cooperative Society Limited is duly registered society and the complainant is a member of Society, thus the relation between the parties is of Member and Society and as such complaint is not maintainable and is liable to be dismissed.
- On merits, it is submitted that complainant himself contacted the office of the OPs to become member of society and after fully understanding the by-laws and objects of the society became the Member of society and deposited the amount in question in different FDRs i.e. Sahara E Shine. He also understood the terms and conditions of the scheme. The complainant has no right to claim against the terms of agreement. There is thus no deficiency in service on the part of the OPs. After denying all other averments made in the complaint, the OPs prayed for dismissal of the complaint.
- In support of the complaint, the ld. counsel has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Ex.C1 to Ex.C3 and closed the evidence.
- On the other hand, the ld. counsel for the OPs has tendered in evidence Ex.OPA affidavit of Rajesh Kumar Shukla, Sector Manager alongwith documents Exs.OP1 and OP2 and closed the evidence.
- We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
- The ld. counsel for the complainant has argued that the OPs launched a saving scheme and complainant deposited Rs.24000/- with them and after maturity Rs.54336/- was to be paid on 7.6.2019. The ld. counsel further argued that after due date nothing has been paid despite making several requests to the OPs .So the complaint be allowed.
- On the other hand, the ld. counsel for the OPs has argued that the complainant is not a consumer as such the complaint be dismissed.
- To prove his case, the complainant has tendered his affidavit, Ex.CA and has deposed as per the complaint, Ex.C1 to Ex.C3 are the membership certificates vide which the amount was deposited.
- On the other hand, the ld. counsel for the OPs has tendered in evidence affidavit, Ex.OPA of Rajesh Kumar Shukla, who has deposed as per the written reply,Ex.OP1 is the authority letter, Ex.OP2 is terms and conditions of Sahara .E.Shine scheme.
- From the documents, it is clear that the OPs have played a fraud with the complainant as the complainant has deposited the amount with them but after maturity till date no amount was paid by the OPs. Vide certificate Exs.C1to Ex.C3Rs.8000/-each was deposited on 7.6.2011. In these certificates the maturity amount of Rs.18,112/-each is mentioned to be paid on 7.6.2019 . However, the OPs failed to pay any amount to the complainant after due date. There is thus deficiency in service on the part of the OPs and they are liable to pay the maturity amount to the complainant.
- So due to our above discussion, the complaint is allowed and the OPs are directed to pay the maturity amount of Rs.54336/-to the complainant alongwith interest @ 6% per annum from the date of maturity 7.6.2019 till realization. The OPs are further directed to pay Rs.10,000/- as compensation and further Rs.10,000/- as litigation expenses to the complainant.
- 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:16.7.2021 Vinod Kumar Gulati Jasjit Singh Bhinder Member President | |
