DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                                                                Complaint No. 344

                                                                 Instituted on:   21.08.2018

                                                                Decided on:     31.05.2019

Dilpreet Kaur W/o Sandeep Kumar R/o Ram Nagar Basti, Ward No.21 Sangrur.

                                                        …. Complainant.          

                                                 Versus

1.       Sahara Credit Cooperative Society Limited, Regd. Office Sahara India Bhawan, Kapoorthala Complex, Aliganj, Luckhnow-226024 through its Chairman.

2.     Sahara India Cooperative Society Limited, Phirni Road, Sunami Gate Sangrur, through its Manager.

             ….Opposite parties.

FOR THE COMPLAINANT:  Shri Saurav Garg, Advocate        

FOR OPP. PARTIES          :  Shri Udit Goyal, Advocate         

Quorum

                   Vinod Kumar Gulati, Presiding Member

                   Mrs. Manisha, Member

ORDER:  

Vinod Kumar Gulati, Presiding Member

1.             Smt. Dilpreet Kaur, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that she opened an account under Monthly Investment Scheme of Ops having account number 63073700543 and Membership no.63071102600 on 16.09.2011 with a monthly amount of Rs.600/- for 5 years with the OP number 1. The maturity date of the above said plan was 16.09.2016. The complainant was making payment of Rs.600/- per month from 16.09.2011 and the complainant deposited Rs.28,200/- with the Ops and the complainant, due to some unavoidable circumstances could not deposit the remaining 13 installments. The complainant approach the Ops at the Office of the Op no.2 after maturity of the policy for making the payment of Rs.28,200/- and fulfilled all the requirements as stated by the Ops for refund of the amount and at that time the OPs also got signed blank account settlement receipt from the complainant but did not make any payment. Thereafter the complainant since 16.09.2016 has been regularly visiting the Office of Ops and requesting them for making the payment, but the Ops have failed to make the  payment. Thus, alleging deficiency in service on the part of OPs, the complainant has prayed that the Ops be directed to pay to the complainant the maturity amount of Rs.28,200/-  along with interest @ 18% per annum from the date of commencement till its realization and further claimed compensation and litigation expenses.

2.             In reply filed by the OPs, preliminary objections are taken up on the grounds that the complainant is not a consumer and that if the complainant who is a member of the society has any grievance or dispute with the society, the complainant is bound to refer his dispute before Arbitrator as per Arbitration agreement under clause:- 10 of the scheme Sahara-M-Benefit. On merits, it is admitted that after admitting the terms and conditions of monthly installment scheme, the complainant being member of society vide membership number 63071102600  on 16.03.2011 had opened an account no. 63073700543 for investment of an amount of Rs.600/- per month for 60 months at Sangrur and deposited total amount of Rs.28,200/-. It is further stated that the complainant has not lodged any claim for release of the amount.  Any deficiency in service on the part of the Ops has been denied.

3.             The complainant has tendered documents Ex.C-1 to Ex.C-3 copies of the documents and affidavit and closed evidence. On the other hand, the learned counsel for OPs has produced Ex.OP1 to Ex.OP4 documents and affidavit and closed evidence.

4.             We have very carefully perused the record, pleadings of the parties, evidence produced on the file and heard the oral arguments of the learned counsel for the parties. None of the parties have submitted written arguments. 

5.             It is an admitted fact that the complainant Smt. Dilpreet Kaur was a consumer of the Ops by investing an amount of Rs.600/- per month for 60 months with the date of maturity as 16.03.2016, but deposited only 47 number of installments. Further the complainant produced on record the document pertaining to the deposit of the 47 number of installments as Ex. Op.4.  But the said amount has not paid to the complainant till date, despite her best efforts, which is a clear cut case of deficiency in service on the part of the Ops.

6.             So, in view of our above discussion, the complaint of the complainant is allowed with a direction to the Ops to pay to the complainant an amount of  Rs.28,200/- along with interest @  9% per annum from the due date i.e. 16.09.2016 till realization. Compensation for mental harassment, agony  and litigation expenses of Rs.1500/- are more allowed in favour of the complainant and against the Ops. Payment of awarded amount as well as amounts of compensation and litigation expenses be made within 45 days from the date of receipt of copy of the order. A copy of the order be supplied to the parties free of costs as per rules. File be indexed  and consigned to records in due course.

                Pronounced.

                                       May 31, 2019.

                                                                             (Vinod Kumar Gulati)

                                                                      Presiding  Member

                                                                                      (Manisha)

                                                                                      Member