DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR .

                                                                         Complaint No. 342

 Instituted on:   21.08.2018

                                                                         Decided on:     31.10.2019

Sajjan Singh son of Harphool Singh, resident of Village Benra, Tehsil Dhuri, District Sangrur.

                                                          …. Complainant.     

                                                 Versus

1.     Sahara India Parivar, Area office SCO 84-A, IInd Floor, Phase-5, Shahi Majra, Banongi Road, Near AM Hospital, Sector-58, Mohali through its Manager 160062.

2.     Saharayn Universal Multipurpose Society Ltd. Registered Office: 195, A one-1, in Front of D.B. Mall, MP Nagar, Bhopal (Madhya Pardesh) through its Manager 462011.

3.     Raj Kumar Garg, Franchisee Manager, Sahara India Parivar, 4-Khamba Market, Near Binny Sound, Bhawanigarh 148026.

             ….Opposite parties. 

Counsel for the complainant: Shri Amit Aggarwal, Adv.              

Counsel for the OPs             : Shri Udit Goyal, Adv.

Quorum                                          

Shri Amrinder Singh Sidhu, President

Ms.Vandana Sidhu, Member

Shri Vinod Kumar Gulati, Member

ORDER BY:     

Shri Amrinder Singh Sidhu, President.

1.             The complainant filed this complaint pleading that the complainant availed the services of the opposite parties by investing an amount of Rs.1,00,000/- with the OP number 1 and 2 through OP number 3 and the Ops issued membership number 34001539262 and the said amount was invested for three years  and on maturity the amount payable was Rs.1,76,200/-.  Further case of the complainant is that on 22.4.2017 the complainant surrendered his certificate and requested the Ops to refund the due amount of Rs.1,76,200/-, but all in vain. The complainant has left with no other option but to knock the door of this Forum to get justice.  Lastly, the complainant has prayed that the Opposite parties be directed to release the maturity amount of Rs.1,76,200/- along with interest @ 18% per annum from the date of maturity till its realization and to pay Rs.30,000/- on account of mental agony, and harassment and an amount of Rs.16,000/- on account of litigation expenses.

2.             After the notice being served upon the opposite parties, the opposite parties appeared through Advocate Shri Udit Goyal and filed written version. In written version taking preliminary objections that the complainant is not a consumer of opposite parties and that  if the complainant is a member of the society and has any grievance or dispute with the society, the complainant is bound to refer his dispute before Arbitrator as per Arbitration agreement under clause 15.

3.             On merits, it is submitted that only a member of society can avail the benefits of society and the complainant after understanding the bye-laws and objects of the society had become member and being a member of society with membership number 950154000021 he had invested an amount of Rs.1,00,000/- for 36 months vide account number 56155400046 on 7.4.2014, but it is denied that the complainant    was entitled to get an amount of Rs.1,76,200/- on maturity. It is stated that the opposite parties agreed to make payment but due to enhance demand amount with additional interest by the complainant the said payment could not be paid by the opposite parties. 

4.             The complainant has tendered documents Ex.C-1 to Ex.C-5 and closed evidence. The opposite parties have produced Ex.OP-1 to Ex.OP-5 and closed evidence.

5.             We have gone through the pleadings of the parties and documents placed on record by the parties as well as heard the arguments advanced by the learned counsel for the parties.

6.             The learned counsel for the complainant has contended that on assurance of the opposite parties, the complainant availed the services of the opposite parties by investing an amount of Rs.1,00,000/- with the OP number 1 and 2 through OP number 3 and the Ops issued membership number 34001539262 and the said amount was invested for three years  and on maturity the amount payable to the complainant was Rs.1,76,200/-.  Further case of the complainant is that on 22.4.2017 the complainant surrendered his certificate and requested the Ops to refund the due amount of Rs.1,76,200/-, but all in vain. On the other hand, the stand of the Ops is that the complainant after understanding the bye-laws and objects of the society had become member and being a member of society with membership number 950154000021 he had invested an amount of Rs.1,00,000/- for 36 months vide account number 56155400046 on 7.4.2014 and the date of maturity was 7.4.2017, but it is denied that the complainant    was entitled to get an amount of Rs.1,76,200/-. It is stated that the opposite parties agreed to make payment but due to enhance demand amount with additional interest by the complainant the said payment could not be paid by the opposite parties. However, any deficiency in service on the part of the Ops has been denied.

7.             It is proved on record that the complainant deposited with the opposite parties a total amount of Rs.1,00,000/- on 7.4.2014 for a period of 36 months meaning thereby the said amount was returnable on maturity i.e. on 7.4.2017, but the opposite parties failed to pay the due maturity amount of Rs.1,76,200/- along with interest.  Though the stand of the opposite parties is that the amount could not be paid due to enhance demand amount with additional interest by the complainant but we are of the considered view that the opposite parties are liable to pay the due/invested amount of Rs.1,00,000/- along with interest, as the complainant has miserably failed to produce any cogent and reliable document showing that the complainant is entitled to get an amount of Rs.1,76,200/-.  In the circumstances, we feel that the ends of justice would be met if the Ops are directed to pay to the complainant an amount of Rs.1,00,000/- alongwith interest @ 9% per annum from the date of deposit till realization.

8.             Accordingly, in view of our above discussion, we allow the complaint and direct the  Opposite parties to pay to the complainant an amount of Rs.1,00,000/-  along with interest @ 9% per annum from the date of deposit i.e. 7.4.2014 till realization in full.  It is further directed to pay to the complainant a lump sum compensation of Rs.4000/- for mental agony, harassment and litigation expenses.  This order be complied with by the opposite parties within 30 days from the date of receipt of certified copy of this order. A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

                        Pronounced.

                        October 25, 2019.

    (Vinod Kumar Gulati) (Vandana Sidhu)  (Amrinder Singh Sidhu)

              Member                 Member                 President