DISTRICT  CONSUMER  DISPUTES  REDRESSAL  COMMISSION,

                                         PATIALA                                                

                                             Consumer Complaint No. 240 dt.04/07/2019               

                                           Decided on:   07/05/2021

Sarabdeep Kaur aged about 35 years Wife of Sh. Tapbeer Singh son of Sh. Gurmeet Singh R/o # 61, Bharpur Garden, Opposite New Moti  Palace, Patiala

                                                                             ...Complainant

                               Versus 

1.    Sahara  Credit Co-operative Society Limited, Office Sahara India

       Bhawan-I  Kaapoorthala  Complex, Aliganj, Lucknow 226024

                 through its  Managing  Director.

2.    Sahara  India  Pariwar,   Opposite  Polo  Ground, near Sethi Sales,                

       Patiala, through its Manager/ Authorized representative.

….Opposite parties.

                                Complaint under section 11 to 14 of the         

                                  Consumer Protection Act.  

QUORUM

                                Sh. Jasjit Singh Bhinder, President             

                                Sh. Vinod Kumar  Gulati, Member 

ARGUED BY:

Sh. Chamandeep S Mittal Adv. counsel for complainant.

Sh. Dhiraj Puri Adv. counsel for the Opposite Parties.

ORDER

                              JASJIT  SINGH BHINDER,  PRESIDENT

1.                  Complainant has filed this complaint under Section 11 to 14 of the Consumer Protection Act, (hereinafter referred to as the Act) against the Opposite Parties namely Sahara  Credit Co-operative Society Limited  & Ors. ( hereinafter referred to as the OPs) on the ground that complainant availed the services of the OPs by investing in a Sahara Special fix for a sum of Rs.68,127/- vide certificate No.787000481947 on 23/08/2018. The date of maturity of the said Certificate was 23/02/2020 and maturity value of the FDR/ certificate is Rs.79777/-. As per the news being published in the newspapers that the due amount of so many persons and thousands of cases are being filed against the OPs for not paying the deposited amount of the consumers, so the Complainant also having no faith upon the OPs wants to return of his money deposited along with 18 % interest PA. The complainant requested the OPs so many times to release the 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 the Certificate i.e. Rs.68,127/- along with interest and to pay Rs.1,00,000/- on account of mental torture, agony, inconvenience and an amount of Rs.33,000/- 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 had chosen to invest amount of 68,127/- in Sahara Plan in the shape of FDR/ certificate at Branch office Patiala of Society. It is further submitted that the complainant has not approached the Commission with clean hands and for his own fault act, complainant can not get benefit beyond the terms and conditions of scheme. 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.                  To prove the case, ld. Counsel for the complainant has tendered Ex.CA is the affidavit of the complainant wherein he has deposed as per his complaint and Ex.C-1 & Ex.C-2 are the copies of deposit receipts & Ex.C-3 is copy of legal notice. Learned counsel for the complainant has argued that the complainant deposited Rs.68,127/- with OPs & certificate was issued by the OPs in favour of the complainant. Further it is contended that the Complainant having no faith upon the OPs wants to return/ refund of his deposited money along with 18 % interest PA. The complainant approached the OPs and requested OP to release the amount of the FDR/ certificate, but the amount was not paid despite approaching the OPs. On the other hand, the OPs have tendered Ex.OPA affidavit of Rajesh Kumar Shukla, Manager of OP. 

6.             It is proved on record that the complainant deposited with the opposite parties a total amount of Rs.68,127/- vide copy of certificate Ex.C-1 & Ex.C-2. Opposite parties failed to pay the due amount along with interest.  So it is clear that the OPs have defrauded the complainant despite the fact that amount was received but OPs have not made the payment.

7.             In view of our above discussion, we allow the complaint and direct the OPs to pay to the complainant an amount of Rs.68,127/- along with interest @ 9% per annum from 23/08/2018 till realization.  It is further directed to pay to the complainant an amount of Rs.5000/- as compensation for mental agony, harassment and further an amount of Rs.5000/- on account of 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.      

ANNOUNCED*

Dated: 07/05/2021            

                               (Vinod Kumar Gulati)                (Jasjit Singh Bhinder)

                                            Member                                          President