Haryana

Kurukshetra

CC/20/2019

Vibhishan Kumar - Complainant(s)

Versus

Sahara India - Opp.Party(s)

Rajesh Kumar

08 Feb 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL COMMISSION, KURUKSHETRA.

 

Complaint Case No.20 OF 2019.

Date of instt: 14.01.2019. 

                                                                         Date of Decision: 08.02.2021.

 

Vibishan Kumar son of Sh.Om Parkash village Garhi Rorhan, PO Bhor Saidhan Tehsil Pehowa, District Kurukshetra 136119.

 

                                                ……..Complainant.

                        Vs.

 

1.Sahara India Pariwar Branch officer Kurukshetra Amin Road, near Geeta Girl School, through its Branch Manager.

 

2.Sahara Gredit Cooperative Society Limited registered office Sahara India Bhawan 1, Kapoorthala Complex, Aliganj, Lucknow – 1226024.

 

..………Opposite parties.

 

                Complaint under section 12 of Consumer Protection Act.   

 

Before       Smt. Neelam Kashyap, President.

                Ms. Neelam, Member.

                Sh. Issam Singh Sagwal, Member.

 

Present:     Sh. Rajesh Kaushik Advocate for the complainant.

                Sh. S.C.Saini Advocate for the OPs.

ORDER     

 

                   This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Vibishan against M/s Sahara India etc, the opposite parties.

 

2.            Brief facts of the present complaint are that complainant  on persuasion of the employees of OPs has invested in FDR as convinced by them, the details of which are given below:

Account No.        Date of deposit   Amount              Scheme

2479670718       12.6.2017          Rs.40,000/-        F2 Sahara A Select

 

                It is further averred that maturity period for the aforesaid FDR is of 18 months from the date of deposit and the said FDRs carries monthly interest and the interest is payable at the time of maturity.  It is averred that the said FDRs have matured on 12.12.2018 and the OPs have not refunded the principle as well as maturity amount to the complainant.  The complainant went to the office of OPs on 12.12.2018 and completed all the formalities by signing the documents and requested to refund the amount alongwith interest to the complainant but the same has not yet been paid which amounts to deficiency in services on the part of the OPs.  Thus, the complainant has filed the present complaint alleging deficiency in services on the part of the OPs and prayed that the OPs be directed to pay the sum of Rs.46520/- to the complainant alongwith interest @ 18% per annum from the date of payment till maturity alongwith compensation for the mental harassment caused to her alongwith litigation expenses.

 

3.     Upon notice OPs appeared and filed written statement disputing the claim of the complainant. The OPs have denied the contents regarding depositing of amount in the form of FDRs for want of knowledge. However, it is submitted that the complainant expressed her will to become member of the society and after understanding the terms and conditions of Sahara A select scheme he shared his money for furtherance of the objects of the society.  It is submitted that a member of the society is not a consumer. OP is a society and not a member. It is denied that OPs  are delaying the payment.  It is sub mitted that as per maturity scheme: After completion of 18 months from the date of opening of account. Maturity shall be paid to the member account holder alongwith the interest as per the account settlement chart.  No additional interest would be paid on the maturity amount, if taken after the scheduled period.  The complainant did not approached office immediately rather he approached after considerable delay and demanded payment of additional interest for the delayed period also and the said demand of interest was against the terms and conditions of clause 4.  It is also submitted that in case of any dispute between Cooperative Society and Member account ho9lder the same shall be decided by an arbitration as per “Multi State Co-Operative Society Act, 2002.Arbitration proceedings and proceedings arising out of the award shall be  binding on both the parties. While denying all other allegations  specifically, preliminary objections regarding concealment of facts, jurisdiction and that the matter can be decided by the Arbitration Court constituted under section 70 A and prayed for dismissal of the present complaint.

 

4.             The complainant in support of her case has filed her affidavit Ex.CW1/A and tendered documents Ex.C-1 to Ex.C-3 and closed her evidence.

 

5.             On the other hand, OPs in support of their case have filed affidavit Ex.RW1/A and closed their evidence.

 

6.             We have heard the learned counsel for the parties and have gone through the record available on the case file.

 

7.             The Learned counsel for the complainant  has argued that  on persuasion of the employees of OPs complainant had  invested amount  vide account Numbers  and amount as mentioned below:

 

Account No.        Date of deposit   Amount              Scheme

2479670718       12.6.2017          Rs.40,000/-        F2 Sahara A Select

 

 

                It is further argued that the maturity period for the aforesaid FDR was of 18 months from the date of deposit and the said FDRs carries monthly interest and the interest is payable at the time of maturity.  It is also argued that the said FDRs have matured on 12.12.2018 but the OPs have not refunded the principle as well as maturity amount to the complainant which amounts to deficiency in services on the part of the OPs.

 

8.             On the other hand,  learned counsel for the OPs  while reiterating the submissions made in the complaint has argued that the complainant has not come forward to receive the amount on maturity and the complainant did not approached their office immediately after maturity  rather he approached after considerable delay and demanded payment of additional interest for the delayed period also and the said demand of interest was against the terms and conditions of clause 4 and prayed for dismissal of the complaint.

9.             After hearing the learned counsel for the parties, we are of the view that the complainant is also entitled to interest even after maturity of the FDRs amount because amount of the complainant remained with the OPs and they used the same. Further, the contention of the learned counsel for the OPs that the complainant is not consumer is also devoid of any force because the complainant deposited the amount in the FDRs with the OPs and he availed the services of the OPs. The contention of learned counsel for the OPs that the complaint if any can only be decided by the Arbitrator u/s 7-A  and this Commission has no jurisdiction to decide the present complaint  are without any force  because  as per settled law remedy under the Consumer Protection Act 1986 is an additional remedy and can be availed by the complainant, if he does not wish to avail the relief under the Arbitration Act. Therefore, the complaint before this Commission is maintainable and this Commission has every jurisdiction to entertain and to decide the present complaint.  Therefore, the complainant is entitled to relief and the OPs are liable to pay the maturity amount of FDR No. 2479670718 i.e.  amount of Rs.46520/-(as shown in Ex.C-2) alongwith interest alongwith compensation for the mental harassment suffered by him at the hands of the OPs.

 

10.            For the reasons recorded above, we accept the present complaint and direct the OPs to pay maturity amount of FDR No. 2479670718 of Rs.46520/- (As shown in  Ex.C-2) alongwith interest @ 9% per annum from the date of filing of the present complaint i.e. 14.01.2019 till realization. The complainant shall also be entitled to sum ofRs.15,000/- as compensation for the mental harassment and agony caused to him and Rs.5000/- as litigation   expenses. The OPs  are   further directed to make the compliance of this order within a  period of  45 days from the date of preparation of certified copy of this order, failing which, the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the OPs. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

 

Announced in open commission:

Dt.:08.02.2021                                            (Neelam Kashyap)

                                                                     President.

 

 

(Issam Singh Sagwal),         (Neelam)       

 Member                              Member.