BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.
Complaint No. 86 of 2019
Date of Instt.: 28.3.2019
Date of Decision: 11.12.2020
Premlata wife of Sh. Radheshyam, resident of 63P, Mandi Township, Bhiwani.
Complainant
Versus
1. Sahara India Pariwar, Sector Office, Near Rose Garden Loharu Road Charkhi Dadri through Sector Manager.
2. Sahara India Pariwar, Area Office 2nd Floor, SCO 84A, Sector 58, Phase 5, Shahi Majra, Mohali, through Area Manager.
3. Sahara India, Territory (North) Sahara Q Shop Unique Product Range Ltd, Sahara Complex, C-2, C-4, Sector 11, Noida, through Territory Head Prashant Verma.
4. Sahara Q Shop Unique Product Range Ltd, Registerred Office, Sahara India Bhawan, 1, Kapurthala Complex, Aliganj, Lucknow, through Chief Manager/Director.
5. Sahara India Pariwar, Sector office, Near Ramkunj, Hansi Gate, Bhiwani through Sector Manager.
Complaint under Section 12 & 13 of the Consumer Protection Act,1986.
Before: Hon’ble Mr. Nagender Singh, President.
Hon’ble 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 19.12.2019).
ORDER:-
NAGENDER SINGH, PRESIDENT
The brief facts of the present complaint are that the complainant is resident of Mandi Township, Bhiwani. The respondent No. 1 and Deepak Verma had told to complainant that Sahara India Parivar Limited firm is a very large firm in india and gives a lot of benefit to depositors by depositing funds under various benefit schemes, which sell different types of products under different groups/agencies in India. Thus, respondent No. 2 to 5 are the group/agencies of Sahara India Lucknow which opened the Q shop (Quality Product Store) all over India and provide goods up to 6 times of their deposit amount at cheap rates and those depositors who do not get benefit under Q shop, after six years firms returned them multiple of Rs.2354/- instead of Rs.1000/-. It is submitted that the complainant deposited total Rs. 5,94,150/- in the said scheme “Advance for Q shop Plan” through Q. Shop Control Nos. 870463000069-70 dated 22-10-2012 and 8704632001224 dt. 19-05-2012. Respondent No. 1 & Deepak Verma had put signature with their stamps on certificate & receipt of FD. After lapse of one and half years, the respondents did not provide and facility of Q shop to complainant. Respondents assured the complainant that under the above scheme, maturity amount of Rs.14,00,838/- will be returned to her after 6 years. It is further submitted that to get her earnings, the complainant completed formalities of demand and then respondents told him that her maturity amount will be paid within 30-35 days. After visiting many times to the office of respondents and requesting to respondent No. 2 to 5, the respondents neither paid any heed toward her request nor made any maturity amount of Rs.14,00,838/-. It is averred that she had also sent legal notice through her 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.14,00,838/- 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 dt. 19.12.2019.
3. In support of her case, the complainant tendered some documents in her evidence and closed the evidence on 27.02.2020.
4. We have heard the arguments of learned counsel for the parties and have perused the case file carefully.
5. We have observed that there are three certificates/receipts issued by the respondent No. 4 in the name of complainant Premlata i.e. (Annexure C-1 to Annexure C-3). The perusal of these certificates/receipts shows that the complainant deposited Rs. 70,750/-and Rs. 5,00,000/-on 22.10.2012 (vide Annexure C-1 & Annexure C-2) and Rs. 23,400/-on 19.5.2012 (vide Annexure C-3) with the opposite parties. A perusal of Annexure C-6 “Investment plan in Q-Shop Plan H” clearly shows that the amount is to be refunded year wise i.e. after 3rd year, 4th year, 5th year and after six years. Further perusal of said investment Plan in Sahara Q Shop Plan H shows that after six years, the investor was entitled for total return of Rs. 2354/-on per thousand rupees investment. Thus as per this payment plan, the complainant is entitled to the refund yearwise. There is nothing on file to rebut the payment plan (Annexure C-6). We have observed that the respondents have been failed to refund the amount even after filing of the present complaint in the year 2019 whereas the amount was deposited by the complainant in the year 2012. Now the complainant cannot be deprived of taking the benefits of the same after six year plan as now six years have lapsed after the depositing of money. In the circumstances of the case, we feel that the ends of justice would be met, if the OPs are directed to refund to the complainant the amount of Rs. 2354/-on Rs.1000/-each investment i.e. total return after six years under Investment Plan in Sahara Q-shop Plan H (Annexure C-6) of deposited amount of Rs. 5,94,150/-.
At the time of arguments, the learned counsel for respondents submitted that the present complaint is not maintainable before the Commission because the disputes 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. We have perused the case law 2013 SCC, NCDRC 775: (2013) NCDRC 759: (2013) 4 CPJ 333 (NC) and are of the considered view that there is no relationship between the complainant and the respondent as society and a member of the society.
Thus in view of the above, the present complaint is allowed directing the opposite parties to refund the share of deposited amount (Rs.5,94,150/-on the basis/completion of sixth year of the plan Annexure C-6 i.e. Rs. 2354/-per 1000/-), which comes to Rs. 14,00,000/-(round figure). It is made clear that the aforesaid amount i.e. Rs. 14,00,000/- shall fetch interest @ 9% p.a. from today i.e. the date of decision till payment. We further direct the opposite parties to pay a sum of Rs. 5000/-as composite compensation and litigation expenses to the complainant. A copy of this order be supplied to the parties free of costs.
File be consigned to the record room.
Announced in open Commission
Dated: - 11.12.2020
(Shriniwas Khundia) (Nagender Singh)
Member President,
District Consumer Disputes
Redressal Commission, Bhiwani.
