DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 36 of 25.1.2019

                                      Decided on: 2.2.2021

Tapbeer Singh son of Gurmeet Singh R/o # 61, Bharpur Garden, Opposite New Moti Palace, Patiala.

                                                                   …………...Complainant

                                      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 Pariwar, 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.C.S.Mittal,counsel for complainant.

                                      Sh.DhirajPuri, counsel for OPs.                                    

ORDER

          JASJIT SINGH BHINDER,PRESIDENT

1. Briefly the case of the complainant is that the OP No.1 launched a scheme of 60 months in which an amount of Rs.3000/- was to be deposited per month and the same was to be matured on 29.6.2018. The complainant obtained the scheme and started depositing the amount of Rs.3000/- with OP No.2 from 29.6.2013 and deposited the amounts upto 23.5.2018, thus in total an amount of Rs.1,80,000/- was deposited by the complainant.
2. It is averred that as per the scheme the entire amount alongwith all other benefits was to be paid to the complainant on 29.6.2018 but on the due date and even till today no amount has been paid by the OPs. The complainant requested many times to OPs for the payment of the amount but the OPs put off the matter on one pretext or the other .The complainant also got sent a legal notice 5.12.2018 upon the OPs but of no avail. There is thus deficiency in service on the part of the OPs which caused mental agony, harassment, mental torture to the complainant.  Hence this complaint with the prayer to accept the same by giving directions to the OPs to make the payment of principal amount of Rs.1,80,000/- alongwith interest @12% per annum; to pay Rs.1,00,000/- as compensation and Rs.33000/- as litigation expenses.
3. Upon notice OPs appeared  through counsel and contested the complaint by filing  written reply having raised preliminary objections that there  is no relation of complainant and service provider between the complainant and the OPs as; that the complaint is not maintainable; that the present complaint is misuse of process of law and is liable to be dismissed.On merits the OPs denied all the averments and prayed for the dismissal of the complaint.
4. In support of the complaint, the ld. counsel for the complainant has tendered Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C7 and closed the evidence.
5. The ld. counsel for the OPs has tendered affidavit, Ex.OPA of Rameshwar Gupta, Manager and closed the evidence.
6. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
7. The ld. counsel for the complainant has argued that complainant has opened an account with the OPs for 60 months and the complainant started depositing Rs.3000/- per month from 29.6.2013 and deposited the amount till 23.5.2018. The ld. counsel further argued that now the amount has become due but the OPs have not paid any amount. So the complaint be allowed.
8. 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.
9. To prove his case Sh.Tapbeer Singh  has tendered his affidavit,Ex.CA and he has deposed as per his complaint. He  has also proved account opening form,Ex.C1, receipt Ex.C2 and account statement showing deposits Exs.C3.All these documents show that the amount has duly been deposited with the OPs but they have not refunded the amount.Ex.C4 is the legal notice dated 5.12.2018 sent to the OPs.
10. On the other hand Sh.Rameshwar Gupta has tendered affidavit, Ex.OPA and he has deposed as per the written version.
11. As per the case of the complainant, he opened the account with the OPs and started depositing Rs.3000/- per month.Ex.C3 is the ledger statement showing the deposit of Rs.1,80,000/-.So as per the documents the account was opened for Rs.3000/- per month and the complainant deposited the amount upto 23.5.2018.
12. From the documents, it is clear that total amount of Rs.1,80,000/- has been deposited by the complainant but till today nothing has been paid to him by the OPs. No defence has been setup by the OPs to prove that why they have not paid the amount.
13. So due to our discussion the complaint is allowed and the OPs are directed to pay the principal amount of Rs.1,80,000/- alongwith interest @9% per annum from the date the last payment was deposited 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         

                                                 Member                                    President