DISTRICT  CONSUMER  DISPUTES  REDRESSAL  COMMISSION,

                                           PATIALA                                                

                                             Consumer Complaint No.237 dt.03/07/2019

                                                                Decided on:  07/05/2021

Jai Kishan aged about 56 years son of Bali Ram resident of House No.15, Street No.2-A, Gurbax Colony,  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  Cooperativ 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 13/11/2013 by investing an amount of Rs.76,700/-  during the period of 60 months ( in 59 installments)  under scheme  Sahara M. Benefit (SCCSL) and scheme code  is 930019. The date of maturity of the said scheme was 13/11/2018. After due date of said scheme 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 to release the deposit amount along with 9% per annum w.e.f. 13/11/2013 to 13/05/2019 which comes to Rs.38016/- total amount comes to Rs.1,14,716/- along with future interest @ 9% w.e.f. 14/05/2019  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 in Sahara M Benefit - SCCSL in the shape of monthly deposit at Branch office Patiala of Society. It is further submitted that the maturity value of accounts was 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 copy of member ledger statement, Ex.C-4 copy of acknowledgement slip. Learned counsel for the complainant has argued that the complainant deposited Rs.76,700/- vide  monthly deposit scheme which was issued by the OP in favour of the complainant. Further it is contended that the complainant approached the OPs and requested OP to release the maturity amount of the scheme, 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.76,700/- vide copy of Member ledger statement Ex.C-3. 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 an amount of Rs.76,700/- along with interest @ 9% per annum from 13/11/2018 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