Haryana

Kurukshetra

CC/352/2019

Darshan Singh - Complainant(s)

Versus

Sahara India Co - Opp.Party(s)

R.L.Sharma

10 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KURUKSHETRA.

 

                                                                    Complaint No.:    352 of 2019.

                                                                   Date of institution:         21.08.2019.

                                                                   Date of decision: 09.06.2022

 

Darshan Singh s/o Shri Ujjagar Singh, r/o village Tilla Plot Cheeka, Tehsil Guhla, District Kaithal.

                                                                                                …Complainant.

                                                     Versus

 

1. The Superintendent, Sahara Credit Cooperative Society Limited, Regd. Office Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-225024.
2. The Branch Manager/Office Bearer, Sahara Credit Cooperative Society Limited, Cheema House, 1^st Floor, Kurukshetra Road, Pehowa, Tehsil Pehowa, District Kurukshetra.

...Respondents.

 

CORAM:   NEELAM KASHYAP, PRESIDENT.    

                   NEELAM, MEMBER.

                   ISSAM SINGH SAGWAL, MEMBER.           

 

Present:       Shri R.L. Sharma, Advocate for the complainant.

                   Shri Shishan Dutt Kaushik, Advocate for the Opposite Parties.

 

ORDER:

 

1.                This is a complaint under Section 35 of the Consumer Protection Act, 2019 (previously Section 12 of the Consumer Protection Act, 1986).

2.                It is alleged in the complaint that on 26.06.2012, complainant had made SAHARA.M. BENEFIT RD bearing account No.53634200661 with OP No.2 and deposited a sum of Rs.3,000/- vide receipt No.080189162215 dated 26.06.2012, Rs.210/- vide receipt No.080189162212 and receipt No.189162214 dated 26.6.2012, for a period of 5 years i.e. 60 months. A Passbook has also been issued in this regard to him. Similarly, on 31.7.2012, he made a SAHARA Q SHOP FDR of Rs.13800/- bearing receipt No.71010506958 for the period of five years. At the time of opening the said account, agent assured that after completion of five years, a sum of Rs.60,000/- will be paid to him. The complainant requested the OPs to release his RD and FDR dated 26.6.2012 and 31.07.2012, but they lingered on the matter on one pretext or other and lastly refused to pay the same. On 16.05.2019, he served a legal notice upon OPs through counsel through registered post, which was duly received by them, but despite that, neither they replied the same nor redressed his grievance, due to which, he suffered great mental agony, hardship and financial loss, which amounts to deficiency in services on the part of the OPs.

3.                Upon notice of complaint, OPs appeared and filed their written statements denying the relationship of consumer and service provider between the parties. The OPs have admitted the contents regarding depositing of amount in the form of Rd and FDR with it and submitted that there is no provision of maturity or pre maturity payment. It is submitted that the OPs are Society duly registered under Multi State Cooperative Society Act, 2002 and complainant is a member of said Society, therefore, relationship between the complainant and OPs is of Member and Society and if any dispute between the Society and Member arose, consumer complaint is not maintainable before this Commission. If complainant who is Member of Society, had any grievance or dispute with the Society, the complainant is bound to refer his dispute before Arbitrator as per Clause 10 of the terms & conditions of scheme Sahara Credit Cooperative Society Ltd. and prayed for dismissal of the present complaint.

4.                The complainant, in support of his case, tendered affidavit Ex.CW1/A along with documents Ex.C-1 to Ex.C-8 and closed his evidence.

5.                On the other hand, the OPs tendered affidavit Ex.RW1/A along with document Ex.R-1 and closed their evidence.

6.                We have heard the learned counsel of the parties and carefully gone through the case file.

7.                Learned counsel for the complainant argued that on 26.06.2012, complainant had made SAHARA.M. BENEFIT RD with OP No.2 and deposited a sum of Rs.3,000/- on 26.06.2012, Rs.210/- vide receipt No.080189162212 and receipt No.189162214 dated 26.6.2012, for a period of 5 years i.e. 60 months. A Passbook has also been issued in this regard to him. It is further argued that similarly, on 31.07.2012, complainant made a SAHARA Q SHOP FDR of Rs.13800/- for the period of five years. At the time of opening the said account, agent assured that after completion of five years, a sum of Rs.60,000/- will be paid to him. The complainant requested the OPs to release his RD and FDR dated 26.6.2012 and 31.07.2012, but they lingered on the matter on one pretext or other and lastly refused to pay the same. On 16.05.2019, the complainant served a legal notice upon OPs through counsel through registered post, which was duly received by them, but despite that, neither they replied the same nor redressed his grievance, due to which, he suffered great mental agony, hardship and financial loss, which amounts to deficiency in services on the part of the OPs.

8.                Learned counsel for the OPs has argued that there is no relationship of consumer and service provider between the parties. He argued that no doubt, the complainant deposited the amount in the form of Rd and FDR with it, but there is no provision of maturity or pre maturity payment. The OPs are Society duly registered under Multi State Cooperative Society Act, 2002 and complainant is a member of said Society, therefore, relationship between the complainant and OPs is of Member and Society and if any dispute between the Society and Member arose, consumer complaint is not maintainable before this Commission. If complainant who is Member of Society, had any grievance or dispute with the Society, the complainant is bound to refer his dispute before Arbitrator and prayed for dismissal of the present complaint.

9.                At the outset, learned counsel for the OPs raised objection that the complainant is not a consumer, as defined under the Consumer Protection Act, 2019, but this contention of is devoid of any force, because, perusal of case file shows that the complainant deposited the RD and FDR amount with the OPs, as such, he availed the services of the OPs and became the consumer of OPs, as defined under the Consumer Protection Act, 2019.

10.              Learned counsel for the OPs further raised objections that if the complainant, who is Member of Society, had any grievance or dispute with the Society, the complainant is bound to refer his dispute before Arbitrator, as per Clause 10 of the terms & conditions of scheme Sahara Credit Cooperative Society Ltd., as such, this Commission has no jurisdiction to decide the present complaint. But this contention of OPs is also without any force, because as per settled law, remedy under the Consumer Protection Act, 2019, is an additional remedy and can be availed by the complainant, if he does not wish to avail the relief under the Arbitration Act, therefore, the present complaint, before this Commission, is maintainable and this Commission has every jurisdiction to entertain and decide the same.

11.              Now coming to the merits of the case.

12.              There is no dispute that on 26.06.2012, complainant opened RD account with OP No.2 for a period of 5 years i.e. 60 months and deposited Rs.110/-, Rs.100/- and Rs.3,000/-, total Rs.3210, vide receipts Ex.C-3 to Ex.C-5 respectively. There is also no dispute that the complainant also made a FDR with the OPs on 31.07.2012, after depositing Rs.13,800/-, vide receipt Ex.C-6.    

13.               The grievance of the complainant is that after completion of maturity time of said FDR dated 31.07.2012 and RD dated 26.06.2012, he requested to OPs to release the total maturity amount along with interest, but they flatly refused to pay the same. In this regard, complainant also served legal notice dated 16.05.2019 Ex.C-7 upon OPs through registered post, vide Postal Receipt Ex.C-8, but they failed to redress his grievance even then.  

14.              Now-a-days finance companies attracts the innocent people to deposit/invest their blood sweat earnings with them with the lure of higher interest rate, and when the time comes to return the said deposit/investment with interest to those people, then these finance companies refused to pay the same or run away by closing their office/business overnight, by taking the entire life's earning/deposited capital of those innocent people. In the case in hand, the OPs also allured the complainant to deposit/invest his money with them as FDR/RD copy, by saying that after completion of maturity period of said FDR/RD, he will receive the handsome amount and as such, by falling into their trap, the complainant deposited Rs.13800/- with the OPs as FDR and Rs.3210 in RD copy, but after completion of maturity period, when the complainant demanded the total amount with interest, from the OPs, they refused to release the same, rather, they kept the said amount with them even after the maturity date and using the same. Due to non-releasing the maturity amount of FDR and RD to the complainant, by the OPs, he suffered mental agony, physical harassment as well as financial loss, without any fault on his part, which is an act gross deficiency in service as well as unfair trade practise, on the part of the OPs. For their above act of gross deficiency in service as well as unfair trade practise, the OPs, not only liable to release the total maturity amount of FDR and RD, to the complainant along with the interest, but also liable to pay the compensation amount and litigations expenses to the complainant.

15.              In view of our above discussion, we accept the present complaint and direct the OPs to pay the total maturity amount of RD (as shown in documents Ex.C-3 to Ex.C-5 respectively) as well as maturity amount of FDR (as per the scheme shown in document Ex.C-6) the complainant, alongwith interest @6% simple per annum, from the date of filing of the present complaint i.e. 21.08.2019, till its actual realization. The complainant shall also be entitled to sum of Rs.5,000/- as compensation for the mental harassment and agony caused to him along with Rs.5000/- as litigation expenses. The OPs are further directed to make the compliance of this order within a period of 45 days from the date of preparation of certified copy of this order, failing which, the complainant shall be at liberty to initiate proceedings under Section 71/72 of the Act, against the OPs. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost, as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

Announced in open Commission:

Dated:09.06.2022.

    

                                                                                        (Neelam Kashyap)               

(Neelam)                    (Issam Singh Sagwal)                   President,

Member.                    (Member).                                     DCDRC, Kurukshetra.           
 

Typed by: Sham Kalra, Stenographer.