Punjab

Sangrur

CC/186/2022

Avtar Singh - Complainant(s)

Versus

Sahara India Real Estate Corportion Limited - Opp.Party(s)

Sh. Harjinderjit Singh

04 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

 

                                                                        Complaint No.  186

 Instituted on:    15.02.2022

                                                                        Decided on:      04.05.2023

 

Avtar Singh son of Nahar Singh, resident of Thaga Pati, Village Badrukhan, Tehsil and District Sangrur.

                                                          …. Complainant.     

                                                 Versus

1.     Sahara India Real Estate Corporation Limited, Command and Registered office: Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow- 226024 through its MD/Chairman.

2.     Sahara India Real Estate Corporation Limited through its Branch Manager, Branch office address 1^st Floor, Gali No.10, Prem Basti, Opposite DC Office Sangrur now merged with Sahara India Pariwar, Opposite Polo Ground, Near Sethi Sales,2^nd Floor, Patiala through its Franchisee.

             ….Opposite parties. 

For the complainant    : Shri Paramveer Singh, Adv.              

            For the OPs                 : Shri Sanjeev Goyal Advocate

Quorum                                           

Jot Naranjan Singh Gill, President

Sarita Garg, Member

                        Kanwaljeet Singh, Member

ORDER

KANWALJEET SINGH, MEMBER

1.             Complainant has approached this Forum/Commission alleging inter-alia that the complainant availed services of OPs by investing a  sum of Rs.15,000/- on 04.04.2009 vide certificate number 478-002428483 with maturity amount of Rs.46,590/- after 120 months of date of deposit. Continuing further, the complainant has also alleged that after expiry of the deadline, he approached various officials of the OPs and requested them to release the maturity amount but latter failed to do the needful and this is how they were clearly deficient in their services.  Even thereafter the complainant approached various authorities on numerous occasions but when nothing was done by the OPs then he was constrained to approach this Forum/Commission with a request for directing the OPs to release a sum of Rs.46,590/- along with interest and also for Rs.1,00,000/- on account of mental agony, pain and harassment and further an amount of Rs.50,000/- as litigation expenses.

2.             Upon being served, the OPs appeared through Advocate Shri Sanjeev Goyal and filed written response raising preliminary objection regarding status  of the complainant being a consumer and also explained as to how their’s is a society and it was only on the specific request of the complainant that he was inducted as a member thereof, as such, there was no occasion for the complainant to bring this dispute before the Consumer Forum/Commission instead of approaching the Arbitrator in view of the arbitration clause.

3.             Besides the above said legal objection, OPs have also averred that it is only member of the society who can avail its benefit and, therefore, after having well understood various rules, regulations, byelaws and objectives of the society the complainant became a member.  After expiry of the said period the complainant never approached concerned officials of the OPs, as such it was not possible for the latter to release the maturity amount.  That being so, complainant could not allege himself to be a consumer of the OPs as there is no subsistence of relationship of consumer and that of the service provider between the complainant and the OPs.  So, the complainant cannot legally seek any such relief under the Consumer Protection Act, so his complaint deserves dismissal.

4.             The learned counsel for the parties produced their respective evidence before this Commission in the shape of documents and affidavits.

5.             We have gone through the pleadings put in by both the parties along with their supporting documents with their valuable assistance.

6.             In order to prove his case the complainant has placed on record Ex.C-2 and Ex.C-3 copy of certificate/receipt showing  redemption value as Rs.46,590/- and Ex.C-1 detailed affidavit of complainant. Ex.C-3 is copy of aadhar card.

7.             On the other hand, to rebut the case of the complainant OPs have produced detailed affidavit of Shri Rajesh Kumar Shukla, Sector Manager Ex.OP-1 and closed evidence.

8.             Further, the subscription of scheme is not disputed between the parties and complainant deposited the amount of Rs.15,000/- with the opposite parties is also not disputed. Moreover, from the perusal of the record it has been proved that the complainant has deposited the amount of Rs.15,000/- with the opposite parties as per scheme vide certificate Ex.C-2 and the maturity amount is also shown alongwith maturity date. So, we are of the view that the complainant has successful in proving that he has deposited the  amount of Rs.15000/- with the opposite parties in the shape of fixed deposit for the period as mentioned above and the opposite parties are bound to pay the amount of Rs.46,590/- on its maturity as per their certificate on record.

9.             However, the opposite parties have raised a preliminary objection in their written version that opposite party is a Society duly registered under "Multi State Co-operative Society Act, 2002" and for any dispute between Society and Member, consumer complaint is not maintainable. In fact, this dispute is with regard to deposit of amount under the scheme of the opposite parties for a particular period and the refund of the same along with benefits. As such, the same certainly amounts to rendering of 'service' as defined in the Act. There is element of 'deficiency in service' as well as 'unfair trade practice' due to non performance of the contract, whereby service of the opposite parties has been hired by the complainant by depositing the above said amount with them. The Hon'ble Punjab State Consumer Disputes Redressal Commission, Chandigarh, in First Appeal No. 127 of 2021 & others in case titled Savitri Devi Vs M/s Saharayan Universal Multipurpose Society Limited, decided on 21.6.2021 has held that Consumer Fora (now Consumer Commission) has jurisdiction to entertain the dispute, where the consumer comes to the Consumer Fora/Commission claiming the deficiency in service and unfair trade practice. In the present case also, consumer-complainant is complaining that the opposite parties have not complied with the terms and conditions of the scheme by not refunding the amount deposited by him along with due benefits. There is no dispute between opposite parties and the complainant regarding management and governance of the Society. Even otherwise, as per Section 3 of the Consumer Protection, 1986, now Section 100 of the Consumer Protection Act, 2019, the remedy available before the Consumer Fora/Commission is an additional remedy. Accordingly the complainant, being member of the opposite parties-Society, falls under the definition of 'consumer’. So, it is proved that the remedy under the Consumer Protection Act is an additional remedy and the Consumer Fora/Commission has the jurisdiction to entertain such matters and the dispute between the Member of Society and its Manager not excluded from the Consumer Jurisdiction.

 

10.            As a result of the above discussion, the present complaint is allowed and opposite parties number are directed to pay to the complainant maturity amount of Rs.46,590/- alongwith interest @ 7% per annum from the date of maturity till its realization. Further, the opposite parties are  also directed to pay Rs.3000/- as compensation on account of mental agony and harassment and further an amount of Rs.3000/- as litigation expenses to the complainant. Compliance of the order be made within the period of 60 days from the date of the receipt of the copy of this order.

 

11.            The complaint could not be decided within the statutory time period due to heavy pendency of cases.

12.            Copy of this order be supplied to the parties free of cost. File be consigned to the records after its due compliance. 

                                Pronounced.

 

                                May 4, 2023.