DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
PATIALA
Consumer Complaint No.238 dt.03/07/2019
Decided on: 07/05/2021
Darshna Devi aged about 58 years, wife of Bhagwan Dass, resident of House No.307, Street No.7, Old Bishan Nagar, Patiala.
...Complainant
Versus
1. Sahara India, Sector Office: Sethi Complex, Mall Road, Near Modi
College Chowk, Opposite Polo Ground, Lower Mall Road, Patiala,
through its Branch Manager.
2. Sahara Credit Cooperative Society Limited, registered office, Sahara
India Bhawan, 1, Kaapoorthala Complex, Aliganj, Lucknow 226024,
through its Managing Director.
….Opposite parties.
Complaint under section 11 to 14 of the
Consumer Protection Act, 1986.
QUORUM
Sh. Jasjit Singh Bhinder, President
Sh. V. K. Gulati, Member
ARGUED BY:
Sh. Munish Mittal Adv. counsel for complainant.
Sh. Dhiraj Puri Adv. counsel for the Opposite Parties.
ORDER
JASJIT SINGH BHINDER, PRESIDENT
1. Complainant has filed this complaint under the Consumer Protection Act, (hereinafter referred to as the Act) against the Opposite Parties namely Sahara India & Ors. ( hereinafter referred to as the OPs) on the ground that complainant availed the services of the OPs on 10/10/2012 by investing an amount of Rs.90,000/- during the period of 60 months ( in 61 installments) under scheme Sahara M. Benefit (SCCSL) and scheme code is 930019. The date of maturity of the said scheme was 10/10/2017. Complainant has also deposited a sum of Rs.10,000/- each under Sahara. E. Shine scheme on 05/12/2011. In this regard complainant was issued two separate receipts bearing no.800972464406 & No. 800972464405 respectively and Maturity of the same was 05/12/2019. Complainant had also deposited Rs.19, 500/- in the Scheme Sahara Q Shop Unique Products Range Ltd. on 10/10/2012 vide receipt No.71026591288 and Rs.5500/- under the Scheme Sahara Q Shop Unique Products Range Ltd. on 11/02/2013 vide receipt No.71026591886. On Maturity of the scheme Sahara M. Benefit (SCCSL) complainant approached the OP NO.1 to release the amount of maturity, then the OPs only released an amount of Rs.67,000/- and did not release the full amount. After due date of other schemes the complainant contacted the OP’s so many times to release the maturity amount but they failed to do so. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the opposite parties be directed:
i) To disburse the amount of policy of Rs.23,000/- along with interest @ 9% per annum w.e.f. 10/10/2012 to 10/06/2019 which comes to Rs.13,800/- total amount comes to Rs.36,800/- along with future interest @ 9% w.e.f. 11/06/2019 .
ii) To disburse the amount of FD bearing No.800972464406 & No. 800972464405 of Rs.20,000/- along with interest @ 9% per annum w.e.f. 05/12/2011 to 05/06/2019 which comes to Rs.13,500/- total amount comes to Rs.33,500/- along with future interest @ 9% w.e.f. 06/06/2019 .
iii) To disburse the amount of FD bearing No. 71026591288 of Rs.19,500/- along with interest @ 9% per annum w.e.f. 10/10/2012 to 10/06/2019 which comes to Rs.11,700/- total amount comes to Rs.31,200/- along with future interest @ 9% w.e.f. 11/06/2019 .
iv) To disburse the amount of FD bearing No. 71026591882 of Rs.5500/- along with interest @ 9% per annum w.e.f. 11/02/2013 to 11/06/2019 which comes to Rs.3192/- total amount comes to Rs.8742/- along with future interest @ 9% w.e.f. 12/06/2019 .
and to pay Rs.50,000/- as compensation on account of inconvenience, mental agony, harassment and mental tension.
2. In reply filed by the OPs, preliminary objections are taken up on the grounds that the complainant is not a consumer as the complainant is a member of the society and if any member of the society has any grievance then he should go to the arbitrator for arbitration. On merits, it is stated that the complainant being the member of the society had chosen to invest amount of Rs.90,000/- in Sahara M Benefit-SCCSL vide membership No. 25921201254. Before opting the scheme the complainant duly understood the terms and conditions of the scheme and submitted signed application form at Branch office Patiala of Society. It is further submitted that the maturity value of accounts were as per the terms and conditions of scheme. It is prayed that complaint is baseless, hence complainant is not entitled to any relief and the same is liable to be dismissed.
3 The learned counsel for the parties produced their respective evidence before this Commission in the shape of documents and affidavits.
4. We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
5. To prove the case, ld. Counsel for the complainant has tendered Ex.CA is the affidavit of the complainant wherein he has deposed as per his complaint and Ex.C-1 copy of Pass book, Ex.C-2 copy of adhaar card, Ex.C-3 to Ex.C-6 copies of receipts, Ex.C-7 copy of member Ledger statement, Ex.C-8 copy of acknowledgement slip. Learned counsel for the complainant has argued that the complainant deposited Rs.90,000/- vide monthly deposit scheme which was issued by the OP in favour of the complainant. Further it is contended that the OPs only released an amount of Rs.67,000/- and did not release the full amount and that the complainant approached the OPs and requested to release the remaining maturity amount of the Sahara M Benefit scheme along with maturity amount of the FDs, but the amount was not paid despite approaching the OPs. On the other hand, the OPs have tendered Ex.OPA affidavit of Rajesh Kumar Shukla along with documents Ex.OP-1 copy of authority letter and Ex.OP-2 copy of application form along with terms and conditions.
6. It is proved on record that the complainant deposited with the opposite parties a total amount of Rs.1,35,000/- vide documents Ex.C-3 to Ex.C-7 Copies of deposit receipts and copy of Member ledger statement. Out of this amount the OPs only released an amount of Rs.67,000/- and did not release the full amount. Opposite parties failed to pay the due amount along with interest. So it is clear that the OPs have defrauded the complainant despite the fact that amount was received but OPs have not made the payment.
7. In view of our above discussion, we allow the complaint and direct the OPs to pay to the complainant as under:
i) Rs.23,000/- the amount of policy along with interest @ 9% per annum w.e.f. 10/10/2017 till realization.
ii) Rs.20,000/-, the amount of two FDs bearing No.800972464406 & No. 800972464405 along with interest @ 9% per annum w.e.f. 05/12/2019 till realization.
iii) Rs.19,500/-, the amount of FD bearing No.71026591288 along with interest @ 9% per annum w.e.f. 10/06/2019 till realization.
iv) Rs.5500/-, the amount of FD bearing No.71026591882 along with interest @ 9% per annum w.e.f. 11/06/2019 till realization.
It is further directed to pay to the complainant an amount of Rs.5000/- as compensation for mental agony, harassment and further an amount of Rs.5000/- on account of litigation expenses. This order be complied with by the opposite parties within 60 days from the date of receipt of certified copy of this order.
ANNOUNCED*
Dated: 07/05/2021
Vinod Kumar Gulati Jasjit Singh Bhinder
Member President
