Haryana

Kurukshetra

CC/28/2020

Banto Devi - Complainant(s)

Versus

Sahara India Pariwar - Opp.Party(s)

Ram Singh

07 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KURUKSHETRA.

 

                                                                    Complaint No.:    28 of 2020.

                                                                   Date of institution:         20.01.2020.

                                                                   Date of decision: 07.06.2022

 

Banto Devi w/o Shri Raj Kumar, r/o #3898/8, Kirti Nagar, Thanesar, District Kurukshetra.

                                                                                                …Complainant.

                                                     Versus

 

1. Sahara India Pariwar, Amin Road, near Gita Girls School, Kurukshetra, through its concerned officer.
2. The Superintendent, Sahara Credit Cooperative Society Limited, Regd. Office Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-225024.

 

...Respondents.

CORAM:   NEELAM KASHYAP, PRESIDENT.    

                   NEELAM, MEMBER.

                   ISSAM SINGH SAGWAL, MEMBER.           

 

Present:       Shri Sumit Sandhu, 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 23.10.2017, the complainant had made a SAHARA Special MIS FDR bearing account No.24797200338 with OP No.1 and deposited a sum of Rs.3,51,231/-, for a period of 18 months. A certificate bearing No.797001106301 was also issued by the OPs in this regard. At the time of opening the said account, OPs assured that she will get the monthly interest of Rs.3220/- till upon completion of 18 months. After completion of 5-6 months, the complainant had approached and requested the OPs to release the entire monthly interest as per assurance, but they told the interest will be paid at the time of maturity. On 13.10.2019, after completion of maturity time of 18 months, she requested the OPs to release the FDR maturity amount with interest, but initially, they lingered on the matter on one pretext or other and lastly refused to pay the same, due to which, she suffered great mental agony, hardship and financial loss, which amounts to deficiency in services as well as unfair trade practise on the part of OPs.

3.                Upon notice of complaint, OPs appeared and filed their written statements denying the relationship of consumer and service provider between the parties while admitting the contents regarding depositing of amount in the form of FDR with it. It is submitted that 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 her dispute before Arbitrator as per Clause 11 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 her case, tendered affidavit Ex.CW1/A along with documents Ex.C-1 to Ex.C-3 and closed the evidence.

5.                On the other hand, the OPs tendered affidavit Ex.RW1/A 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 the complainant had made a SAHARA.Special MIS FDR with OP No.1 and deposited a sum of Rs.351234/-, for a period of 18 months. A certificate bearing No.797001106301 was also issued by the OPs in this regard. At the time of opening the said account, OPs assured that she will get the monthly interest of Rs.3220/- till upon completion of 18 months. He further argued that after completion of 5-6 months the complainant had approached and requested the OPs to release the entire monthly interest as per assurance, but they told the interest will be paid at the time of maturity. On 13.10.2019, after completion of said time of 18 months, the complainant requested the OPs to release the FDR maturity amount with interest, but initially, they lingered on the matter on one pretext or other and lastly refused to pay the same, which amounts to deficiency in services as well as unfair trade practise on the part of 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 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 as per Clause 11 of the terms & conditions of scheme Sahara Credit Cooperative Society Ltd. 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 FDR amount with the OPs, as such, she 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 her dispute before Arbitrator, as per Clause 11 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 she 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. No doubt, the OPs had mentioned the Membership number in document Ex.C-3, but in the document Ex.C-2, there is mentioned the maturity amount i.e. Rs.351231/- and from it, it is clear that the OPs issued the FDR to the complainant for a considerable period.

11.              Now coming to the merits of the case.

12.              There is no dispute between the parties that on 23.10.2017, complainant opened a FDR account with OP No.1 and deposited Rs.351231/- for a period of 18 months. From the FDR document Ex.C-2, it is found that the complainant was liable to get the monthly interest of Rs.3220/- on monthly basis from the OPs, till completion of 18 months of FDR i.e. up to 13.10.2019.

13.              The grievance of the complainant is that as per agreed terms of FDR Ex.C-2, the OPs failed to pay the interest on monthly basis on the said FDR. She further alleged that after completion of maturity time of 18 months i.e. on 13.10.2019, the complainant requested the OPs to release the total FDR maturity amount with interest, but they also refused to release the same.

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 her money with them as FDR by saying that after maturity of said FDR, she will receive the handsome maturity amount and as such, by falling into their trap, the complainant deposited Rs.3,51,231/- with the OPs as FDR, but after maturity of said FDR on, when the complainant demanded the maturity amount 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 to the complainant, by the OPs, she 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 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 release the total maturity amount of FDR (as shown in document Ex.C-2) to the complainant, alongwith interest @ 6% simple per annum, from the date of filing the present complaint i.e. 20.01.2020, till its actual realization. The complainant shall also be entitled to a sum of Rs.20,000/- as compensation for the mental harassment and agony caused to her, along with Rs.5,000/- 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:07.06.2022.

    

                                                                                        (Neelam Kashyap)               

(Neelam)                    (Issam Singh Sagwal)                   President,

Member                     Member                                         DCDRC, Kurukshetra.           
 

 

 

Typed by: Sham Kalra, Stenographer.