Punjab

Patiala

CC/21/221

Sharanjit Kaur - Complainant(s)

Versus

Sahara Credit Corporate Socicty Limited - Opp.Party(s)

Sh.Mohit Kansal

03 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

                                     

Consumer Complaint No.	:	CC/221/2021
Date of Institution	:	6.7.2021
Date of Decision	:	3.4.2023

 

Sharanjit Kaur Gandhi wife of Narinder Singh Gandhi son of Sh.Pavinder Singh Gandhi, resident of House No.13-A, Street No.30A, Anand Nagar-B, Patiala.

 

                                                                   …………...Complainant

                                      Versus

1. Sahara Credit Cooperative Society Limited, Regional Office: Sahara India Bhawan, 1, Kapoorthla Complex, Aliganj Lucknow, through its Managing Director.
2. Sahara India (Sahara Credit Cooperative Society Limited), Sector Office: Sethi Complex, Mall Road, Near Modi College Chowk, Opposite Polo Ground, Lower Mall Road, Patiala through its Branch Manager.

                                                                   …………Opposite Parties

 

Complaint under the Consumer Protection Act

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

 

 

PRESENT:                   Sh.Mohit Kansal, counsel for complainant.

                             Sh.Dhiraj Puri, counsel for OPs.

         

                              

 

                                     

 ORDER                                          

1. The instant complaint is filed by Sharanjit Kaur Gandhi wife of Narinder Singh Gandhi (hereinafter referred to as the complainant) against Sahara Credit Cooperative Society Limited (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. The averments of the complainant are as follows:

That complainant was induced by the OPs and as per the persuasive returns on the investment by the OPs, he deposited an amount of Rs.90,000/- under the scheme Sahara M.Benefit for a tenure of 60 months.The installment of Rs.18000/- per annum was duly deposited by the complainant for five years. Complainant was allotted account number 25924800770 and membership No.25921300495 . In the information published on website, OPs have shown that on deposit of Rs.90,000/- the maturity amount of Rs.1,16,550/- will be disbursed to the complainant.

Complainant further invested Rs.1,60,000/- in the shape of FDR on 13.7.2013 under Sahara K. Money (5 year plan).The same was to be matured on 13.7.2018 with the maturity value of Rs.1,60,000/-.It was disclosed by the OPs that the cokplainant would receive an amount of Rs.1500/- per month as interest for 60 months on the investment of Rs.1,60,000/- which she has duly received but the amount of Rs.1,60,000/- was not refunded by the OPs till date. When complainant approached OP No.2 branch office of OP No.1 for disbursement of maturity amount, OPs put off the matter on one pretext or the other. The complainant sent various emails to the OPs but of no avail. There is thus deficiency in service and unfair trade practice on the part of the OPs. Consequently, prayer has been made for acceptance of the complaint.

3. Upon notice, OPs appeared through counsel and filed written statement having raised various preliminary objections.
4. On merits, it is submitted that complainant himself contacted the office of society to became a member of society and contributed payment of Rs.90,000/- under the scheme Sahara M Benefit for a tenure of 60 months by way of installments of Rs.18000/- per month. Before opting the scheme complainant duly understood the terms and conditions of the scheme.There is no deficiency in service or unfair trade practice on the part of the OPs. After denying all other averments, OPs prayed for dismissal of complaint.
5. In evidence, complainant furnished his affidavit , Ex.CA, copy of Aadhar card, Ex.C1, copy of statement,Ex.C2, copy of passbook,Ex.C3, copy of tabular chart,Ex.C4, copy of certificate and statement,Exs.C5 and C6, copies of emails(colly),Ex.C7 and closed the evidence.
6. Ld. counsel for OPs has tendered in evidence Ex.OPA affidavit of Ramesh Kumar Yadav, authorized person alongwith document,Ex.OP1 copy of application form and closed evidence.
7. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
8. From the perusal of Statement, Ex.C2, it is evident that complainant deposited Rs.18,000/- each on 13.7.2013, 30.9.2014,26.8.2016, 9.9.2016 and 7.12.2017 totaling Rs.90,000/-. Ex.C3 is the pass book issued by the OPs in the name of complainant. Ex.C4 is the ledger statement showing the payment of Rs.1500/- per month to the complainant against the payment of Rs.1,60,000/-vide membership No.25921300495 to be matured on 18.7.2018. In the document, Ex.C5, it is mentioned that on deposit of Rs.90,000/- Rs.1,16,550/- would be paid on maturity. Ld. counsel for the complainant has argued that despite repeated requests through e-mails Ex.C7, OPs did not refund any amount. Deposit of aforesaid amount of Rs.90,000/-  is not denied by the OPs, against which an amount of Rs.1,16,550/- was admissible to the complainant on maturity after five years, which was wrongfully denied by the OPs. There is thus not only deficiency in service on the part of the OPs but they also committed unfair trade practice on their part.
9. In view of our aforesaid discussion, complaint is partly allowed and the OPs are directed as follows:

1. To pay the maturity amount of Rs.1,16,550/-to the complainant alongwith interest @6% per annum from the date of maturity i.e.13.7.2018(Ex.C2) till realization, within 30 days from the date of receipt of certified copy of this order, failing which they shall pay interest @9% per annum on the said amount till realization.
2. To pay Rs.1,60,000/- to the complainant alongwith interest @6% per annum from the date of maturity i.e.13.7.2018  till realization, within 30 days from the date of receipt of certified copy of this order, failing which they shall pay interest @9% per annum on the said amount till realization.
3. To pay Rs.10,000/- as compensation, which is inclusive of costs, for causing mental agony and harassment to the complainant within the prescribed period.

10. The instant complaint could not be disposed of within stipulated period due to  Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

 

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                           President