Haryana

Bhiwani

CC/782/2019

Saloni - Complainant(s)

Versus

Sahara india - Opp.Party(s)

satyapal Sharma

12 Sep 2023

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.    782 of 2019

                                                DATE OF INSTITUTION: -              17.09.2019

                                                            DATE OF ORDER: -                         12.09.2023

 

Saloni  aged 17 years minor daughter of Shri Ajit Singh, resident of village Paluvas, Tehsil & District Bhiwani through Smt. Reema Devi wife of Ajit Singh, resident of village Paluvas, Tehsil & District Bhiwani.

 

    ……………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.                     Saloni (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. 21985600624 on dated 11.6.2015 with the OPs under the scheme of Sahara S. Bhavishya and deposited the first installments of Rs.6,000/- in the account no. 21985600624 on dated 11.6.2015 and the OP issued receipt no. 80487810507 and entry was made in the pass book and a total of 180 installments.  That after this, the second installment of Rs.6,000/- will be paid through receipt no.80541430239 dated 1.12.2015 and the third installment of Rs.6,000/- will be paid on 25.6.2016 through receipt no.80602773016 dated 25.6.2016 and the fourth installment of Rs.6,000/- was deposited on dated 2.1.2017 through receipt no.80644663876.  In this way, a total of four installment amounting to Rs.24,000/- were deposited.  After this, no further installments were taken by the OPs and when we inquired about this, it was found that the amount deposited by many other people was not paid to them even after the expiry of the prescribed period.  That after this, the complainant wanted to withdraw the amount deposited with the OPs but to no avail.  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 deposited amount of Rs.24,000/- 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 PW1/A and documents  Annexure C-1 & Annexure C-2.    Evidence of OPs closed by this Commission vide order dated 26.11.2021.

 

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. 21985600624.  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.24,000/- 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.