BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.
Complaint No. 130 of 2018
Date of Instt.: 21.9.2018
Date of Decision: 7.1.2021
Dheeraj Kumar aged 33 years son of Sh. Rampal resident of Dinod Road, Balaji colony, Gali No. 3, Bhiwani.
Complainant
Versus
1. Sahara India (Sahara Credit Co-operative Society Ltd.), Sector Office, Rohtak Road, near New Bus Stand, Bhiwani, through Sector Incharge.
2. Sahara India (Sahara Credit Co-operative Society Limited), Hansi Gate, near opposite Rankunj, through Regional Manager.
4. Chief Manager/Director/Chairman, Sahara India (Sahara Credit Co-operative Society Ltd.), registered office Sahara India Bhavan, 1, Kapurthala complex, Aliganj, Lucknow-226024.
Complaint under Section 12 & 13 of the Consumer Protection Act,1986.
Before: Mr. Nagender Singh, President.
Mr. Shriniwas Khundia, Member.
Present: Sh. Naveen Saini, Advocate for the complainant.
Sh. J.B. Saini, Adv. for OPs.
(Defence of OPs already struck off vide order dated 6.3.2020).
ORDER:-
NAGENDER SINGH, PRESIDENT
The brief facts of the present complaint, according to the complainant, are that he is resident of Gali No. 3, Balaji colony, Dinod road, Bhiwani. The respondent No. 1 had told to complainant that Sahara Credit Cooperative Society Limited firm is a very large firm in India and gives a lot of benefit to depositors who deposits funds under the scheme told by them. As per the assurance of respondent No. 1, the complainant started depositing Rs. 2000/-per month w.e.f. 23.5.2012 in A/c No. 21984202185 of Sahara Cooperative for a period of 60 months with the respondent No. 1 through its agent and accordingly, the complainant was to get maturity value of Rs. 1,59,799/-on 23.5.2017 i.e. after 60 months on total deposit of Rs. 1,20,000/-. It is further submitted that to get his earnings, the complainant completed formalities of demand and made several requests to the respondent Nos. 1 & 2 but the respondent Nos. 1 & 2 deposited the said amount of complainant with the respondent No. 3 under loyalty scheme for a period of 6 months and issued certificate No. 317000051632 dated 28.8.2017 saying that the complainant will now get Rs. 1,70,106/-including interest thereupon. It is averred that after passing of several months, the respondents neither paid any heed toward his requests nor made any maturity amount of Rs.1,70,106/-. It is averred that he had also sent legal notice through his advocate. Even after that, the respondents did no pay any single penny to the complainant. Hence the complainant has filed the present complaint complaining gross deficiency in service and negligence on the part of the OPs with the prayer that the Ops be directed to make the payment of the above said amount of Rs. 1,70,106/- alongwith interest, compensation and the litigation expenses.
2. Upon notice, OPs appeared, but they did not file any reply despite availing several opportunities, so their defence to file the written statement was struck off vide order dated 6.3.2020.
3. In support of his case, the complainant tendered into evidence affidavit ex. CW-1/A and documents Annexure C-1 to Ex. C-6 and closed his evidence on 10.9.2020.
4. We have heard the arguments of learned counsel for the parties and have perused the case file carefully. The complainant has also placed on file the written submissions in the present complaint.
5. After hearing the arguments of learned counsel of parties and considering all the documents placed on record, we come to the conclusion that the complainant has deposited an amount of Rs. 2000/-per month with the respondent No. 1 from 23.5.2012 to 22.5.2017. This fact has been established from the perusal of document Ex. C-1 & Ex. C-2. After perusal of these documents, it has also been established that the account number of complainant was 21984202185 under Sahara M. Benefit Scheme. The perusal of document Ex. C-2 itself shows that A/c no. 21984202185, membership No. 21981201752.
At the time of arguments, the learned counsel for respondents has submitted that the dispute between the society and a creditor of the society could not be entertained before the Commission and such dispute shall be referred to the co-operative Arbitration Court constituted under Section 70A. The learned counsel for respondents also argued that this Commission cannot entertain and try the present complaint between the parties. He also referred the case law 2013 SCC, NCDRC 775: (2013) NCDRC 759: (2013) 4 CPJ 333 (NC). After perusal of all required and requisite documents, we come to the conclusion that there is no relationship between the complainant and the respondent as society and a member of the society. There is a strength in the arguments of learned counsel for complainant that the respondents have not paid the maturity amount i.e. Rs. 1,59,799/-to the complainant on dated 23.5.2017 as per the terms and conditions of the scheme. It is established from the perusal of document Annexure C-3 that an amount of Rs. 1,59,799/-has been deposited with Sahara Cooperative Society Limited for a period of 6 months under Loyalty Scheme dated 23.2.2018, with maturity date as 23.2.2018 and maturity amount Rs. 1,70,106/- but it stands clear that the respondent Sahara Cooperative Society Limited failed to make the payment within the stipulated time period.
Thus in view of the above, we come to the conclusion that the present complaint is allowed directing the opposite parties to refund the maturity amount of Rs. 1,70,106/-of Loyalty Certificate (Annexure C-3) along with interest @ 9% p.a. from the date of maturity i.e. 23.2.2018 till the date of payment. We further direct the opposite parties to pay a sum of Rs. 5000/-as compensation and Rs. 5000/-as litigation expenses to the complainant. The above order be complied within one month from the date of this order. Copy of this order be supplied to the parties free of costs.
File be consigned to the record room.
Announced in open Commission
Dated: - 7.1.2021
(Shriniwas Khundia) (Nagender Singh)
Member President,
District Consumer Disputes
Redressal Commission, Bhiwani.
