Haryana

Bhiwani

CC/784/2019

Rima Davi - Complainant(s)

Versus

Sahara india - Opp.Party(s)

satyapal Sharma

12 Sep 2023

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.    784 of 2019

                                                DATE OF INSTITUTION: -              17.09.2019

                                                            DATE OF ORDER: -                         12.09.2023

 

Reema Devi aged 47 years wife of Shri Ajit Singh, resident of village Palvas, Tehsil & District Bhiwani aadhar card no. 7441 9933 4040.

 

    ……………Complainant.

 

VERSUS

 

1. Chairman/Managing Director, Sahara India Cooperative Society Ltd, Sahara India Bhawan, 1, Kapurthala Complex Aliganj, Lucknow-226 024 Registered No.MSCA/CR/333/2010.

 

2. Branch Manager, Sahara India Cooperative Society Ltd. Circular Road Near Old  Bus Stand, District Bhiwani Pin-127021 phone no. 01664-250792 Branch Code 219810018.

………….. Opposite Parties.

 

COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT, 1986.

 

 

BEFORE:      Mrs. Saroj Bala Bohra, Presiding Member

Sh. D.M. Yadav, Member

 

 

Present:-      Sh. Satyapal Sharma, Advocate for complainant.

          Sh. JB Saini, Advocate for OPs.

 

ORDER:-

 

Saroj Bala  Bohra, Presiding Member:

 

1.                     Reema  (hereinafter referred to as “the complainant) has filed the present complaint against the opposite parties (hereinafter referred to as “the OPs) with the averments that the complainant got opened an account no. 21984203410 on dated 15.9.2012 with the OPs under the scheme of Sahara Benefit  for the period of 60 months and made a payment of Rs.500/- per month.   The complainant got deposited the installments regularly on time and total maturity amount is Rs.30,500 after 60 months on 16.9.2017.  But it is averred that despite making several complaints and visits, the OPs failed to make the payment of maturity amount  to the complainant.  It is averred that there is deficiency in service on the part of the OPs.  Accordingly, the complainant seeks directions against the OPs to pay the total maturity amount of Rs.30,500/- alongwith interest, compensation and litigation expenses besides any other relief, to which the complainant is found entitled. 

2.                     On appearance, OPs filed written statement alleging therein that the complainant has not approached this Commission with clean hands and the present complaint is vexatious and liable to be dismissed under Section 26 of Consumer Protection Act.  It is submitted that the complainant is not a consumer of Sahara Credit Co-operative Society Limited (herein after referred to as “Society”) and there is no relation of consumer and service provider between the complainant and the OPs.  The relation between the complainant and the respondents is of Member and Society.  Therefore, for any dispute between society and member, the consumer complaint is not maintainable and is liable to be dismissed with cost.

3.                     To prove its complaint, the complainant has tendered in evidence affidavit Exhibit CW1/A and documents Annexure C-1 & Annexure C-2.    Evidence of OPs closed by this Commission vide order dated 19.04.2023.

4.                     In the present case as per documents Annexure C-1 and C-2, complainant deposited the amount explained in the complaint under account no. 21984203410.  After the maturity of account, complainant requested the opposite parties to refund the alleged amount alongwith interest but the alleged amount has not been paid to the complainant despite his repeated requests.  On the other hand, the opposite parties to prove their contention, they have not filed any document, which shows that they have nothing to say in the matter and all the allegation leveled by the complainant against the opposite parties stands proved.  Hence there is deficiency in service on the part of opposite parties and opposite parties no. 1 & 2 are liable to refund the alleged amount to the complainant.

5.                  In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party no. 1 & 2 jointly and severally to pay the maturity amount of Rs.30,500/- alongwith interest @ 9% p.a. from dated 17.9.2019 to till its realization to the complainant.  Opposite party no. 1 & 2 are also directed to pay a sum of Rs.5000/- (Rupees five thousand only) as compensation on account of deficiency in service and Rs.5500/- (Rupees five thousand five hundred only) as litigation expenses to the complainant.  Order shall be complied within one month from the date of decision.          

                     Copy of this order be supplied to both the parties free of costs.  File be consigned to the record room after due compliance.

Announced in open Commission.

Dated: - 12.09.2023

 

 (D.M.Yadav)                (Saroj Bala Bohra)                 

   Member.                    Presiding Member,

                                                      District Consumer Disputes

                                                    Redressal Commission, Bhiwani.

 

 

 

 

 

 

 

 

 

 

 

Present:-      Sh. Satyapal Sharma, Advocate for complainant.

          Sh. JB Saini, Advocate for OPs.

 

                    Arguments heard.  Vide separate detailed order of even date, the present complaint stands allowed.  File be consigned to the record room after due compliance.

 

                   

Dt:12.9.2023           Member.                   Presiding Member,

                                                               District Consumer Disputes

                                                             Redressal Commission, Bhiwani.