Punjab

Sangrur

CC/285/2018

Amandeep Singh - Complainant(s)

Versus

Sahara India Parivar - Opp.Party(s)

Sh.Satvir Singh Mander

25 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

  

                                                                        Complaint No. 285

Instituted on:   03.07.2018

                                                                        Decided on:     25.01.2019

 

 

Amandeep Singh son of Late Sh. Jagjit Singh son of Late Shri Mohan Singh, resident of Village Akoi Sahib, Tehsil and District Sangrur.

 

                                                        …. Complainant.       

               

                                                 Versus

 

1.     Sahara India Parivar, Sunami Gate, Phirni Road, Near Ram Mandir, Upper Vaishno Maa Traders, Sangrur through its Manager.

2.     Sahara India Parivar, SCO 1110-11, Sector 22B, Chandigarh 160022 through its Regional Branch Manager. 

2.     Sahara Q Shop Unique Products Range Limited, Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow 226 024 through its Managing Director.

             ….Opposite parties.

 

 

FOR THE COMPLAINANT:      Shri S.S.Mander, Advocate                          

 

FOR OPP. PARTIES              :             Shri Udit Goyal,Adv.         

 

 

Quorum

         

                   Vinod Kumar Gulati, Presiding Member

                   Mrs. Manisha, Member

         

ORDER:   

 

Vinod Kumar Gulati, Presiding Member

 

1.             Shri Amandeep Singh, 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 the grandfather of the complainant, namely, Mohan Singh invested an amount of Rs.21,300/- on 31.5.2012 and Rs.24,450/- on 15.6.2012 under Q Shop Plan H with the Ops on 31.5.2012 and 15.6.2012, respectively.  It is further averred that the OP number 1 issued certificate number 071024026987 receipt number 71024026986 dated 31.5.2012 and certificate number 071029106972 receipt number 71027106972 dated 15.6.2012, respectively with maturity date as 28.7.2016. Further case of the complainant is that during the policy period, the grandfather of the complainant died and the father of the complainant had also died, as such, the complainant applied for issuance of succession certificate before the Civil Court, which was allowed vide order dated 5.12.2016 by the Court of Shri Kulbhushan Kumar, PCS Civil Judge (Sr. Division) Sangrur.  It is further averred that after the due date of the said policy, the complainant applied for release of the maturity amount of both the policies i.e. Rs.58,068/- and Rs.62,000/-, but the Ops failed to pay the amount, despite repeated visits of the complainant in the months of April, 2017 and October, 2017 as well as May, 2018. 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.58,068/- and Rs.62,000/-  along with interest @ 18% per annum from the date of maturity 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, that the complainant is claiming amount of customer ID no. 863072000181 through which Mohan Singh had invested Rs.21,300/- on 31.5.2012 and Rs.24,450/- on 15.6.2012 under Q Shop Plan H scheme to purchase the products of Sahara Q shop Unique Products Range Limited company, as per which no interest is payable, that the OP Sahara India Parivwar has no concern with the alleged party. On merits, it is stated that Mohan Singh had invested Rs.21,300/- and Rs.24,450/-. It is submitted that Mohan Singh had approached the franchise office of the company and after understanding the terms and conditions of the scheme he made advance of Rs.21,300/- on 31.5.2012 and Rs.24,500/- on 15.6.2012 for which he got customer ID number 863072000181 under Shop Plan H Scheme to purchase the product and it is denied that the date of maturity of the scheme was 28.7.2016, It is also denied that on maturity the amount of Rs.58,068/- and Rs.62,000/- was payable to the complainant.  It is also stated in the complaint  that the tenure of the scheme is six years and before completion of tenure no relief can be claimed.

 

3.             The complainant has tendered documents Ex.C-1 to Ex.C-5 copies of the documents and affidavit and closed evidence. On the other hand, the learned counsel for OPs has produced Ex.OP1/1 to Ex.OP1/3 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 submitted written arguments.

 

5.             It is an admitted fact that the complainant is a consumer of the Ops by investing an amount of Rs.21300/- on 31.05.2012 and Rs.24450/- on 15.06.2012 under Sahara Q Shop Unique Products Plan H scheme to purchase the products of the company at the franchisee office Sangrur. The date of the maturity of the said policies/ schemes was 28.07.2016. Further the Ops produced on record the hindi version of Q Shop Plan-H application form with the signature of grandfather of the complainant and has also produced English version of the application form along with the terms and conditions of the plan. The date of maturity of said policy/ scheme was 28.07.2016. Further while going through the general terms and conditions in English version of the Shop Plan-H, it has been observed that as per serial number 2, there will be no interest ever on advance amount and plan period – 6-5 years.   But the complainant has produced Ex.C-3 on the record, a computer generated statement which shows approx net amount as on 15.09.2017 against the name of Mohan Singh as Rs.58068/-, which is payable to the complainant by the Ops but the OPs failed to repay the amount due towards the complainant.

 

6.             So, in view of our above discussion, the complaint of the complainant is allowed with a direction to the Ops to pay Rs.58068/-as due on 15.09.2017 and pay interest @ 6% on Rs.58068/- from 16.09.2017 till realization and Rs.21,300/- with  interest @ 6% per annum from the date of depositing the amount i.e. 31.5.2012 till its realization. Compensation for mental harassment and agony of Rs.2500/- and litigation expenses of Rs.2500/- more allowed in favour of the complainant and against the Ops. Payment of awarded 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.

 

                        January 25, 2019.

                                                               

 

                                                             (Vinod Kumar Gulati)

                                                                Presiding  Member

 

 

 

 

                                                                    (Manisha)

                                                                     Member