DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 35 of  25.1.2019

                                      Decided on: 2.2.2021

Anamika Silyan aged about 29 years daughter of Sushil Kumar Silyan s/o Sh.Ram Sarup, resident of H.No.29, Street No.3, Opposite Mohindra Collage,Mohindra College Colony, Patiala.

                                                                   …………...Complainants

                                      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. Briefly the case of the complainant is that she opened an account with the OPs on the basis of monthly deposit of Rs.2000/- for a period of 60 months commencing from 9.1.2013. After the due date, complainant approached and requested the OPs for the payment of the amount but the OPs refused to refund the amount. The complainant also got served a legal notice dated 8.4.2018 upon the OPs but of no avail. There is thus deficiency in service on the part of the OPs. Hence this complaint with the prayer to accept the complaint by giving directions to the OPs to refund the principal amount of Rs.28,000/-so deposited by the complainant alongwith interest and also to pay Rs.50,000/- as compensation and Rs.5500/-as costs of the complaint.
2. Upon notice OPs appeared through counsel and contested the complaint by filing written reply having raised preliminary objections that there is no relationship of consumer and service provider between the complainant and OPs, so the complaint is not maintainable and is liable to be dismissed.On merits, the OPs denied all averments and have prayed for the dismissal of the complaint.
3. In support of the complaint, the ld. counsel for the complainant has tendered Ex.CA of the complainant alongwith documents Exs.C1 to C3 and closed the evidence.
4. The ld. counsel for the OPs tendered in evidence Ex.OPA affidavit of Rameshwar Gupta and closed the evidence.
5. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
6. The ld. counsel for the complainant has argued that the complainant has opened the account with the OPs for 60 months commencing from 9.1.2013 on the basis of monthly deposit of Rs.2000/-. The ld. counsel for the complainant has further argued that now the amount has become due but the OPs have not paid any amount. So the complaint be allowed.
7. 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.
8. To prove this complaint, complainant has tendered his affidavit,Ex.CA and she has deposed as per her complaint. Ex.C1 is the copy of Aadhar card, Ex.C2 is the copy of pass book showing the deposit of Rs.28000/-.Ex.C3 is the legal notice sent to the OPs.
9. On the other hand Sh.Rameshwar Gupta has tendered his affidavit,Ex.OPA and he has deposed as per the written reply.
10. As per the case of the complainant , she opened the account with the OPs and she had paid the amount vide pass book,Ex.C2.As per the documents the account was opened for Rs.2000/- per month and the complainant deposited the amount for 14 months and she stopped depositing the amount after the case was filed against the OPs.
11.  So from the documents, it is clear that total amount of Rs.28,000/- has been deposited by the complainant but till today nothing has been paid to her by the OPs. No defence has been setup by the OPs to prove that why they have not paid the amount.
12. So due to our above discussion, the complaint stands allowed and the OPs are directed to refund Rs.28000/- alongwith interest @9% per annum from the last date of deposit to the complainant  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