DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No.295 of 2.12.2020

                                      Decided on:         16.7.2021

Sunaina Kumari wife of Sh.Mukesh Kumar aged about 33 years, resident of H.No.16-A, St.No.10,Shaheed Udham Singh Nagar, Jhill Road, Patiala-147001.

                                                                   …………...Complainant

                                      Versus

1. Sahara Credit Cooperative Society Limited, Sahara India Bhawan, 1, Kapurthala Complex, Aliganj, Lucknow-226024, through its M.D.
2. Sahara Credit Cooperative Society Limited, Sahara India Privar, Near Sethi Sales Corporation, Opposite Pologround, 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

1. This is the complaint filed by Sunaina Kumari  (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).
2. Briefly the case of the complainant is that the OPs launched a saving scheme namely Sahara .A. SELECT for the fixed deposit of 18 months after which a fixed amount was payable on maturity. Allured by the scheme, the complainant invested Rs.20,000/- vide receipt No.08060 7390766, Rs.20,000/- vide receipt No. 08060 7390767 and another Rs.20,000/- vide receipt No. 08060 7390768 on 15.12.2016 for 18 months  with the OPs at Patiala who issued certificates bearing Nos.925 002059589, 925 002059590 and 925 002059591 dated 15.12.2016 respectively. After maturity date i.e.15.6.2018, the complainant visited the office of the OPs and made several requests for payment of the maturity amount of Rs.69780/-but the OPs did not pay any amount which caused lot of mental agony and harassment to the complainant. Thus the act and conduct of the OPs amounts to deficiency in service. 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.7700/- as litigation expenses.
3. 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.
4. On merits, it is submitted that complainant himself contacted the office of the OPs to become member of society and shared the amount in question under the name and style of Sahara .A. SELECT on 15.12.2016 for a period of 18 months after fully understanding the by-laws and objects of the society. He also understood the terms and conditions of the scheme. 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.
5. In support of the complaint, the ld. counsel has tendered in evidence Ex.CA affidavit of the complainant alongwith document Ex.C1 to Ex.C7 and closed the evidence.
6. 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.
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 the OPs launched a saving scheme and complainant deposited Rs.60,000/- with them and after maturity Rs.69780/- was to be paid on 15.6.2018. 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.
9. 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.
10. To prove his case, the complainant has tendered his affidavit,Ex.CA and has deposed as per the complaint, Ex.C1 to Ex.C6 are the  membership certificates vide which the amount was deposited.
11. 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 Sahara .A. Select form.
12. 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 Ex.C2 to Ex.C4 Rs.20,000/- each was deposited on 15.12.2016. Ex.C4 to Ex.C6 are the certificates issued by the OPs .In each certificate the maturity amount of Rs.23260/- is mentioned to be paid on 15.6.2018.However, the OPs failed to pay any amount to the complainant. There is thus deficiency in service on the part of the OPs and  they are liable to pay the maturity amount to the complainant
13. So due to our above discussion, the complaint is allowed and the OPs are directed to pay the maturity amount of Rs.69,780/- to the complainant alongwith interest @ 6% per annum from the date of maturity 15.6.2018 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.
14. 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