BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint No. 51 of 2018.
Date of Institution: 03-04-2018.
Date of Decision: 23-07-2019.
Satish Kumar son of Shri Bajrang Singh, resident of village Sankrod, Tehsil and District Charkhi Dadri.
….Complainant.
Versus
1. Sahara Credit Co-operative Society Ltd., Registered Office, Sahara India Bhavan-1 Kapurthala complex, Aliganj, Lucknow-226024 (UP) Registration No. MSCS/CR 3332010 through authorized signatory.
2. Area Manager, Sahara India, Chandigarh, SCO 1110-11, Sector-22 B, Chakdigarh- 160022.
3. Sahara India Parivar, Region & Sewa Kendra, Naya Bazar Road, Hansi Gate, Bhiwani through its Regional Manager.
4. F. C. Manager, Sahara India Parivaar, near Post Office, Bawani Khera through its Manager Manoj Sharma.
…....Opposite Parties.
COMPLAINT UNDER SECTIONS 12 AND 13 OF
THE CONSUMER PROTECTION ACT, 1986.
Before: - Hon’ble Mr. Manjit Singh Naryal, President.
Hon’ble Mrs. Saroj Bala Bohra, Member.
Hon’ble Mr. Parmod Kumar, Member.
Present: Proxy counsel for Shri Anil Khurana, Adv. for complainant.
Shri Pawan Kumar Punia, Advocate for the OPs No.1 to 3.
OP No. 4 already exparte.
ORDER
This order shall dispose off the application filed by OPs No. 1 to 3 for dismissal of the complaint. It is alleged by the OPs No.1 to 3 that the complainant had contacted the office of Sahara Credit Co-operative Society Limited to become member and after understanding the bye-laws and objects of the Society he had obtained membership No.53201600010 of Society and being a member of society he got right to take part in the schemes of Society. It is further alleged that for Society, the identity and status of the complainant is that of a member, which is definite and absolute and he cannot claim him to be a consumer of Society. It is further alleged that he simply shared his money for furtherance of the objects of society. It is further alleged that any person who is not a member has no right to take part in the schemes of society and complainant being a member is himself a part of society; as such he cannot separate himself from society. It is further alleged that the complainant is not a consumer of the OPs, as there is no relation of consumer and service provider between the complainant and the OPs. Ld. Counsel for the OPs has placed his reliance upon RP No. 4871 of 2012 Anjana Abraham Vs Koothattukulam Farmers Services Co-operative Bank, decided on 2.9.2013 by Hon’ble National Consumer Disputes Redressal Commission, New Delhi.
2. Reply to the application filed by ld. Counsel for complainant alleging therein that the complainant has purchased a policy bond of Rs. 3,00,000/- under Sahara A Select Scheme, bearing No. 925001298019 to 8037, bearing account No.53206200048 to 66 and the maturity value of the same is Rs.3,54,000/- with date of maturity 7.7.2017. It is further alleged that on 7.7.2017 instead of releasing the maturity amount of the policy bonds, the OPs have issued further 8 bonds for 3 months and 10 bonds for 6 months, bearing new bond No. 317000051701 to 708 (8 bonds) and 15320000003 to 13 (10 bonds) with date of maturity 20.10.2017 and 7.1.2018 respectively. It is further alleged that the complainant has requested to the OPs for payment of maturity amount of policy bonds i.e. Rs.3,72,468/-, but to no effect. It is further alleged that the OPs have filed this application just to linger on the matter and prayed for dismissal of application with cost for misleading the Forum.
3. We have heard ld. Counsel for both the parties at length and have gone through the contents of the application filed by the OPs and reply filed by the complainant very carefully.
4. In our view, the plea taken by learned counsel for the OPs has substance. So, the complainant is not consumer qua OPs, in view of the Section 2 (i) (d) of the C.P.Act, 1986 which is reproduced as under:-
(d) “Consumer” means any person who-
(i) buys any good for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(ii) { hires or avails} any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than person who {hires or avails of} the services for consideration paid or promised, or partly paid and partly promised or under any system of deferred payment, when such services are availed of with the approval of first mentioned person{ but not include a person who avails of such services for any commercial purpose} .
5. Therefore, in view of the circumstances mentioned above and in view of the order passed by the Hon’ble National Commission in RP No. 4871 of 2012 Anjana Abraham Vs Koothattukulam Farmers Services Co-operative Bank, decided on 2.9.2013, the application filed by the OPs is hereby allowed and as such, the complaint of the complainant is dismissed with no order as to costs, as the complainant is not consumer qua OPs. However, complainant is at liberty to file fresh complaint before the competent court of jurisdiction, if he so desire or advised and this dismissal would not come in the way and complainant may seek exclusion of time under section 14 (2) of the Limitation Act. It was so held by Hon’ble Supreme Court in the case of Laxmi Engg. Works Vs P.S.G. Industrial Institute (1995) 3 SCC 583. Certified copies of this order be supplied to parties free of costs. Original documents, if any be returned to the complainant against proper receipts and photocopy of the same be kept on file. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: - 23.07.2019.
(Saroj Bala Bohra) (Parmod Kumar) (Manjit Singh Naryal)
Member. Member. President,
District Consumer Disputes
Redressal Forum, Bhiwani.
