Punjab

Sangrur

CC/254/2018

Amandeep Singh - Complainant(s)

Versus

Sahara India Parivward - Opp.Party(s)

Sh.Satvir Singh Mander

19 Dec 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                            

 

 

                                                                        Complaint No. 254

Instituted on:   01.06.2018

                                                                        Decided on:     19.12.2018

 

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 Privwar, 1^st Floor, Gali No.10, Prem Basti, Sangrur through its Manager.

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

             ….Opposite parties.

 

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

 

FOR OPP. PARTIES              :             Shri Udit Goyal,Adv.         

 

Quorum

         

                   Inderjeet Kaur, Presiding Member

                   Vinod Kumar Gulati, Member

         

ORDER:   

 

Inderjeet Kaur/Vinod Kumar Gulati,Members

 

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 in the month of July, 2012, the grandfather of the complainant, namely, Mohan Singh invested an amount of Rs.1,23,000/- under Q Shop Plan H with the Ops on 28.7.2012, which was repayable on 28..7.2016 on maturity and the amount was payable to the tune of Rs.2,57,119/-.  It is further averred that the OP number 1 issued certificate number 071010559342 and receipt number 71010559342.  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 i.e. Rs.2,57,119/-, 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.2,57,119/- 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.1,23,000/- 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 Parivar has no concern with the alleged party. On merits, it is stated that Mohan Singh had invested Rs.1,23,000/- or the date of maturity was 28.7.2016. 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.1,23,000/- on 28.7.2012 vide receipt number 71010559342 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.2,57,119/- was payable to the complainant.  It is wrong to say that Q shop scheme is policy or the maturity date of the scheme was 28.7.2016. Further,  the tenure of the scheme is six years. Further the contents of the complaint are in the knowledge of the complainant, as such the complainant be put to strict proof to prove his statement.

3.             The complainant has tendered documents Ex.C-1 to Ex.C-4 copies of the documents and affidavit and closed evidence. On the other hand, the learned counsel for OPs has produced Ex.OP1&2/1 to Ex.OP1&2/3 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.123000/- on 28.07.2012 under Sahara Q Shop Unique Products Plan H scheme to purchase the products of the company at the franchisee office Sangrur. 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.2,57119/- , 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.2,57,119/-as due on 15.09.2017 and pay interest @9% on Rs.2,57119/- from 16.09.2017 till 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.

 

                        December 19, 2018.

                                                                (Inderjeet Kaur)

                                                                Presiding Member

 

 

                                                             (Vinod Kumar Gulati)

                                                                        Member