BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint Case no.228 of 2018
Date of Institution: 12.09.2018
Date of Decision: 28.03.2019.
Shailja Goyal, Advocate aged about 35 years wife of Sh.Sumit Goyal son of Harbans Lal resident of House No.13/424, Lane-5, Gobind Nagar, Hisar Road, Sirsa-125055 (Haryana).
………Complainant.
Versus
- Sahara India Pariwar, Branch Located at adjoining Jyani Hospital, Near State Bank of India Main Branch, 2nd Floor, Sirsa, Tehsil and Distt. Sirsa through its Branch Manager.
- Sahara India Pariwar, Sahara India Bhawan, 1, Kapporthala Complex, Aliganj, Lucknow-226024.
……… Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SH. R.L.AHUJA ………………. PRESIDENT
SH.ISSAM SINGH SAGWAL ……MEMBER.
MRS.SUKHDEEP KAUR……………MEMBER
Present: Sh. Subhash Chander, Advocate for complainant.
Sh. J.S. Sidhu, Advocate for opposite parties.
ORDER
In brief, case of complainant is that she got deposited her saving amount with the Ops in the shape of many FDRs of different amount on different dates and the Op No.1 i.e. local branch of Op No.2 issued the different receipts after depositing the amount and the maturity values of the same are Rs.1,16,300/- till 09.05.2018 and details of all FDRs alongwith maturity value of the FDRs are, as under:
- Membership No.925003792984 dated 09.11.2016, principal amount Rs.15,000/-, maturity amount of Rs.17445/- and date of maturity was 09.05.2018.
- Membership No.925003792983 dated 09.11.2016, principal amount Rs.17,000/-, maturity amount of Rs.19,771/- and date of maturity was 09.05.2018.
- Membership No.925003792982 dated 09.11.2016, principal amount Rs.17,000/-, maturity amount of Rs.19,771/- and date of maturity was 09.05.2018.
- Membership No.925003792981 dated 09.11.2016, principal amount Rs.17,000/-, maturity amount of Rs.19,771/- and date of maturity was 09.05.2018.
- Membership No.925003792980 dated 09.11.2016, principal amount Rs.17,000/-, maturity amount of Rs.19,771/- and date of maturity was 09.05.2018.
- Membership No.925003792978 dated 09.11.2016, principal amount Rs.17,000/-, maturity amount of Rs.19771/- and date of maturity was 09.05.2018.
It is further averred that total amounts have been lying deposited with the Ops and the complainant alongwith his family members and friends have visited the Ops for making the payment and also completed the terms and conditions for getting refund after maturity but the Ops are lingering on the matter on one pretext or the other. The Ops are legally bound to make the payment of FDRs but their act and conduct makes them deficient in service. Hence, this complaint.
2. On notice, Ops appeared and filed their joint reply and submitted that the complainant is not a consumer of Ops as there is no relation of consumer and service provider between the complainant and Ops. The relation between the complainant and society is of Member and society. If, the member of the society has any grievance or dispute with the society, she is bound to refer the dispute before the Arbitrator as per Arbitration agreement under Clause 11 of the scheme Sahara A. The membership, as stated, by the complainant is wrong and no amount has been deposited through alleged all membership No.925003792978, 925003792980 to 925003792984. The Ops have never lingered on the matters as the statement made by the complainant is absolutely baseless and against the terms and conditions of the scheme/agreement. According to the agreement no claim can be made beyond the terms and conditions as there is no agreement to provide 12 % compound interest or 24 % p.a. interest rather as per the terms and conditions of clause-4 after date of maturity no additional interest is payable. There is no consumer disputes rather, if any, disputes exists the same is between the society and its member, which can be resolved under the provisions of Multi State Cooperative Societies Act, 2002. It has been further averred that as per the conditions, no additional interest is payable, if the maturity is taken after scheduled period. There is no deficiency in service on the part of Ops. Other contentions have been controverted and prayer for dismissal of the complaint has been made.
3. Thereafter, both the parties have led their respective evidence in support of their respective pleadings.
4. We have heard learned counsel for parties and have perused the case file carefully.
5. The complainant in order to prove his case has tendered her affidavit Ex.CW1/A, in which, she has reiterated all the facts mentioned in his complaint and also tendered in evidence documents Ex.C1 to Ex.C6, the FDRs receipts, the details thereof, are as, under:
(i) Membership No.925003792984 dated 09.11.2016, principal amount Rs.15,000/-, maturity amount of Rs.17445/- and date of maturity was 09.05.2018.
(ii) Membership No.925003792983 dated 09.11.2016, principal amount Rs.17,000/-, maturity amount of Rs.19,771/- and date of maturity was 09.05.2018.
(iii) Membership No.925003792982 dated 09.11.2016, principal amount Rs.17,000/-, maturity amount of Rs.19,771/- and date of maturity was 09.05.2018.
(iv) Membership No.925003792981 dated 09.11.2016, principal amount Rs.17,000/-, maturity amount of Rs.19,771/- and date of maturity was 09.05.2018.
(v) Membership No.925003792980 dated 09.11.2016, principal amount Rs.17,000/-, maturity amount of Rs.19,771/- and date of maturity was 09.05.2018.
(vi) Membership No.925003792978 dated 09.11.2016, principal amount Rs.17,000/-, maturity amount of Rs.19771/- and date of maturity was 09.05.2018.
The receipts prove that the amount was deposited by the complainant with the OPs in fixed deposit and this fact has not been denied by the Ops.
6. On the other hand, Sh.Parveen Kumar, District Branch Manager, in his affidavit Ex.R1/A has reiterated the facts made in the written statement. Though he has taken a plea that the complainant has joined as member in the society and got deposited amount with the society and the amount of the complainant is lying deposited with the society, but however, he has not placed on record any document from which it could be presumed that the OP has made payment of the maturity amount of the FDRs to the complainant or they have ever made any offer to the complainant to receive the payment. The Ops have simply placed on record Ex.R2, a blank application form which does not bear signature of the complainant or any other person nor the Ops have placed on record any statement of account showing the outstanding balance of the complainant against the Ops. Non-payment of the amount of FDRs after the date of maturity by the Ops to the complainant is deficiency in service as well as unfair trade practice on their part.
7. In view of the above, we allow the present complaint and direct the opposite parties to refund the maturity amount of the aforesaid FDRs within a period of 30 days from the date of receipt of copy of the order. The Ops are further directed to pay interest at the contractual rate of interest which was agreed between the parties from the date of maturity of the FDRs till the date of filing of the complaint and they are further directed to pay interest @ 7 % per annum from the date of filing of the complaint till its realization. We also direct the ops to further pay a sum of Rs.10,000/- as compensation and Rs.2,000/- on account of litigation expenses to the complainant. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Pronounced in open Forum. President,
Dated: 28.03.2019. District Consumer Disputes
Redressal Forum, Sirsa.
Member Member
DCDRF, Sirsa DCDRF, Sirsa
