| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No.403 of 26.9.2019 Decided on: 2.7.2021 Kamlesh Devi W/o Sajjan Singh aged about 58 years old, r/o 215 B, St.No.6, Jai Jawan Colony, Patiala. …………...Complainant Versus - Sahara India Pariwar Opp. Polo Ground, Near Sethi Sales, Patiala through Manager/Authorized official.
- Sahara Credit Corporation Society Ltd., Regd. Office Sahara India Bhawan Kapoorthala Complex Aliganj Lakhnow 226024 through Chairman/MD.
…………Opposite Parties Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh. Vinod Kumar Gulati,Member ARGUED BY Sh.Sajjan Singh, SPA for the complainant. Sh.Dhiraj Puri,counsel for OPs. ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Kamlesh Devi (hereinafter referred to as the complainant) against Saharayn Sahara India Pariwar and another (hereinafter referred to as the OP/s) under the Consumer Protection Act,(hereinafter referred to as the Act)
- Briefly the case of the complainant is that she became the member of the scheme of OPs through application No.33001190143 vide account No.25925101168 and deposited Rs.90,900/- with them, out of which Rs.70900/- has been shown in her account but Rs.20,000/- are not reflecting in the account of the complainant as the same was to be deposited by the agent of the OPs to whom she had given the same but he did not deposit the said amount. It is further averred that she got sent legal notice dated 28.6.2019 to the OPs having demanded loyalty bonus but despite repeated requests made by her the OPs did not bother to pay back any amount which caused mental tension, harassment and financial loss to the complainant. There is thus deficiency in service on the part of the OPs. Hence this complaint with the prayer to accept the same by giving directions to the OPs to release the amount of Rs.70900/-alongwith expected loyalty bonus of Rs.50,000/-, Rs.1,00,000/- as compensation for harassment and mental agony and Rs.20,000/-as costs of the complaint alongwith interest of Rs.61380/-.
- Upon notice OPs appeared through counsel and contested the complaint by filing written reply having raised preliminary objections that the complainant is not a consumer; that there is no relationship of consumer and service provider between the parties as the OPs are Society duly registered under Multi State Co-operative Society Act,2002 and the complainant is a member of Society. The OPs have not entered into any agreement with the complainant or received any amount from the complainant for providing services.
- On merits, it is submitted that complainant being member of Society had contributed the amount of Rs.70900/- vide policy / application No.334001190143 at Patiala. Further the OPs have reiterated the facts as raised in the preliminary objection which are not repeated for the sake of brevity. After denying all other averments made in the complaint, the OPs prayed for dismissal of the complaint.
- In evidence, the complainant has tendered his affidavit, Ex.CA alongwith documents Ex.C1 to C4 and closed the evidence.
- On the other hand, the ld. counsel for the OPs has tendered in evidence Ex.OPA affidavit of Rajesh Kumar Shukla, Sector Manager of the OPs alongwith documents Exs.OP1 and OP2 and closed the evidence.
- We have heard the SPA of the complainant, the ld. counsel of the OPs and have also gone through the record of the case, carefully.
- The SPA of the complainant has argued that the complainant deposited Rs.90900/- with the OPs but Rs.70900/- are reflected in the account of the complainant and vide notice dated 28.6.2019 she demanded loyalty bonus from the OPs but the OPs did not pay any amount. So the complaint be allowed.
- On the other hand, the ld. counsel for the OPs has argued that the complainant is not a consumer as such the complaint be dismissed.
- To prove his case, the complainant has tendered her affidavit,Ex.CA and has deposed as per the complaint, Ex.C1 is the account statement issued by the OPs showing the deposit of Rs.70900/- with them,Ex.C2 the application written by the complainant to Police Station, Patiala,Ex.C3 is the document,Ex.C4 is the legal notice got sent to the OPs for the loyalty amount.
- On the other hand, the ld. counsel for the OPs has tendered in evidence affidavit, Ex.OPA of Rajesh Kumar Shukla, who has deposed as per the written reply,Ex.OP1 is the authority letter, Ex.OP2 is Sahara Super form.
- From the documents, it is clear that the OPs have played a fraud with the complainant as the complainant has deposited the amount with them but till date no amount has been paid by the OPs. Vide Ex.C1 total amount of Rs.70900/- was deposited by the complainant with the OPs on different dates. There is no evidence on the file that any loyalty amount would be paid. However, as the OPs have played fraud with the OPs, so they are liable to refund the actual amount got invested from the complainant.
- So due to our above discussion, the complaint is partly allowed and the OPs are directed to refund Rs.70900/- to the complainant alongwith interest @ 6% per annum from the respective dates of deposit till realization. The OPs are further directed to pay Rs.10,000/- as compensation and further Rs.10,000/- as litigation expenses to the complainant.
- 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:2.7.2021 Vinod Kumar Gulati Jasjit Singh Bhinder Member President | |
