Haryana

Kurukshetra

131/2018

Sachin - Complainant(s)

Versus

Sahara india - Opp.Party(s)

Rajbir Saini

04 Sep 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.131 of 2018.

                                                     Date of institution: 14.06.2018.

                                                     Date of decision:    04.09.2019

 

Sachin Lalit son of Shri Ashok Kumar Lalit, resident of House No. 2698/7, Sodagran Mohalla, Thanesar, District Kurukshetra.

…Complainant.

                        Versus

1. The Manager, Sahara India Pariwar, Amin Road Opposite Geeta Girls Sr. Sec. School, Kurukshetra.
2. Naresh Kumar son of Sh. Kehar Singh, Resident of H. No. 3840/5, Gandhi Nagar, Thanesar, District Kurukshetra.  

….Opposite parties.

Before:      Smt. Neelam Kashyap, President.

                Ms. Neelam, Member.

                Sh. Sunil Mohan Trikha, Member.

       

Present:     Sh. Rajbir Saini, Advocate for complainant.   

                Sh. S.C. Saini, Advocate for opposite party No.1.

                Opposite party no.2 exparte.

 

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Sachin Lalit against the Manager Sahara India Pariwar and another, the opposite parties.

2.            It is stated in the complaint that on the allurement of agent/ op no.2, the complainant had got opened a RD account bearing no.24794800105 with op no.1 on 11.2.2013 to deposit a sum of Rs.3000/- per month for a period of five years. The op no.2 used to receive the above said amount of Rs.3000/- on monthly basis himself and through Kuldeep Kumar. At the time of opening of account, both the ops assured the complainant that upon completion of five years, a sum of Rs.2,30,000/- will be paid to the complainant. A passbook has also been issued/ released in the name of complainant. It is further averred that complainant had deposited a total sum of Rs.1,80,000/- till 12.2.2018 i.e. for five years and in this regard entries were made in the passbook. That after completion of five years, the complainant approached and requested the op no.1 to release the entire amount of Rs.2,30,000/- as per the assurance given by the ops, but the ops have postponed on the matter on one pretext or the other and lastly refused to pay the same. That thereafter, the complainant got served a legal notice dated 19.5.2018 upon the ops but despite receiving notice, the ops have failed to make the payment of above said amount to the complainant. That the aforesaid act and conduct on the part of ops amounts to unfair trade practice and deficiency in services on their part. Hence, this complaint.

3.             Upon notice, opposite party No.1 appeared and filed written statement taking preliminary objections that complainant is not a consumer of the ops. There is no relation of consumer and service provider between the complainant and the ops. Sahara Credit Co-operative Society Limited (hereinafter referred to as “Society”) is duly registered under “Multi State Co-operative Society Act, 2002 and the complainant is a member of society. Thus, relation between the complainant and ops is of member and society. Therefore, for any dispute between the Society and Member, consumer complaint is not maintainable and is liable to be dismissed with cost. That the complainant has made wrongly as op no.1 whereas Sahara India Pariwar, is not a legal person/ body corporate. It is symbolic name of the company. As such, no judicial proceeding can be instituted against such names as impleaded in the name of ops no.1 and 2. That if the complainant who is a member of the society has any grievance or dispute with the society, the complainant is bound to refer her dispute before Arbitrator as per arbitration agreement under clause 10 of the scheme. On merits, it is submitted that it is wrong to say that after allurement of op no.2, the complainant had opened his account whereas actual fact is that only a member of society can avail the benefits of schemes of society. So the complainant had contacted the office of society to become member. The complainant after understanding the bye-laws and objects of the Society had become member and being a member of society with membership number 24791300101 he had opened account no.24794800105 on 11.2.2013 with amount of Rs.3000/- per month under Sahara M. Benefit Scheme for 60 months at Branch office- Kurukshetra of Society. Before opting this scheme, the complainant duly understood the terms and conditions of scheme and then submitted signed application form to invest for the furtherance of objects of society. It is further submitted that it is wrong to say that payment has not been made deliberately or there is any malafide intention. It is submitted that maturity amount is paid as per clause-5 of the terms and conditions of scheme according to which no additional interest is payable on maturity amount if the payment is taken after scheduled period. The complainant himself refused to receive the payment of his account as per the conditions and he willfully did not surrender the original pass book. The complainant is not entitled to get additional interest except maturity amount. That as per clause 5 of the terms and conditions of scheme, it is very much clear that member is bound to surrender the original passbook with demand application of maturity alongwith other documents required by the Society for verification. After 30 days from receiving the above documents payment may be made. The members are also required to be present personally at the office of Society with identity proof to get the cheque of payment and to sign discharge voucher, but the complainant willfully did not surrender/ submit the original passbook and demanded additional interest. It is further submitted that after maturity the complainant did not approach the office immediately rather she approached after considerable delay and demanded payment of additional interest for delayed period also. The complainant’s demand of additional interest was against the terms and conditions of clause 5. As such the complainant was not entitled to get any additional interest. Society was ready to make the payment of maturity amount as per clause 5 but the complainant willfully refused to receive the payable maturity amount. With these averments, dismissal of complaint prayed for.

4.      Opposite party no.2 did not appear despite notice and was proceeded against exparte.

5.             The complainant tendered his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C10. On the other hand, learned counsel for OP No.1 tendered affidavit Ex.RW1/A and closed the evidence.

5.             We have considered the rival contentions of both the parties and have also gone through the file.

6.             It is admitted fact that complainant had opened an R.D Account bearing No.24794800105 on 11.2.2013 to deposit a sum of Rs.3000/- per month for a period of five years. Learned counsel for the complainant has argued that he had deposited all the documents with the Ops and completed all the formalities for receiving maturity amounts. Learned counsel for complainant again argued that the Ops have refused to pay the R.D amount of Rs.2,30,000/-. This is a great deficiency on the part of Ops.

7.             Learned counsel for Ops has argued that is ready to pay the RD amount but the complainant refused to take it. Learned counsel for Ops again argued that the complainant willfully did not surrender/submit the original passbook and demanded additional interest. Learned counsel for Ops again argued that the complainant has refused surrender the original passbook and she failed to fulfill the required formalities of payment.

8.             On perusal of the file it is clear the complainant had opened RD for amount of Rs.2,30,000/-. There is no dispute regarding the deposited amount but Ops did not pay the maturity amount in time to the complainant. There is deficiency in the services on the part of Ops.

9.             In view of the above, we allow the present complaint and direct the opposite parties to release the maturity amount of Rs.2,30,000/- to the complainant, within a period of 45 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @9% per annum from the date of order till actual payment and the complainant will be at liberty to initiate proceedings  under Section 25/27 of the Act against the Ops. We also direct the ops to further pay a sum of Rs.10,000/- as compensation for harassment and to pay a sum of Rs. 10,000/- 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 Forum                                                              Dt.: 04.09.2019.                                                    (Neelam Kashyap)

                                                                        President.

 

(Sunil Mohan Trikha),           (Neelam)       

Member                             Member.