DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR .
Complaint No. 347
Instituted on: 27.08.2018
Decided on: 31.10.2019
Baldev Krishan son of Madho Ram son of Nathan Ram resident of Toor-Wanjara, Teh.Sunam District Sangrur.
…. Complainant.
Versus
1. Sahara Q Gold Mart Limited, Sahara India Bhawan, 1-Kapoorthala Complex, Lucknow 226 024 (UP) through its Director Vineet Saxena Director Identification Number 07144759 through its Director.
2. Sahara Q Gold Mart Limited, Sahara India Sunami Gate, Near Ram Mandir, Phirni Road, Sangrur Tehsil and Distt. Sangrur Mob.No. 95925-28143 through its Director.
3. Sahara Q Gold Mart Limited, Sahara India Sethi Complex Opposite Sahara Polo Ground, near Modi College Chowk, Lower Mall, 3rd Floor Patiala 147 001 Mob.No.94175-44465 through its Director.
4. Sahara Q Gold Mart Limited, Sahara India Sahara India Pariwar SCO 1110-11 Sector 22-C, 22-B Sector 22 Chandigarh 160022 Mob.No.98880-83147 through its Director.
5. Sahara Q Gold Mart Limited, Sahara India 25-28, Floor 2, Plot No.209, Atlanta Building, Janmalal Bajaj Marg, Nariman Point, Mumbai, Mumbai City, Maharashtra 400021 through its Manager.
….Opposite parties.
For the complainant : Shri Davinder Sharda, Adv.
For the OPs : Shri Udit Goyal, Adv.
Quorum
Shri Amrinder Singh Sidhu, President
Ms. Vandana Sidhu, Member
Shri Vinod Kumar Gulati, Member
ORDER BY:
Shri Amrinder Singh Sidhu, President.
1. The complainant filed this complaint pleading that the complainant availed the services of the opposite parties by depositing an amount of Rs.1,43,750/- in cash (FD amount) on 26.7.2012 with the opposite parties number 2 to 4 and the opposite parties issued policy voucher/receipt no.092-000737819, receipt number 912001963937 dated 26.7.2012, the opposite parties promised to pay to the complainant an amount of Rs.2,30,000/- or 80 grams (22 Karat) gold coins as per policy on maturity i.e. 26.7.2017. Further case of the complainant is that the opposite parties failed to pay the maturity amount. The complainant also got served a legal notice dated 30.4.2018 upon the opposite parties number 1 to 4. The complainant has left with no other option but to knock the door of this Forum to get justice. Lastly, the complainant has prayed that the Opposite parties be directed to release the maturity amount of Rs.2,30,000/- or 80 Grams (22 Karat) gold coins as per policy plus Rs.27,600/- as interest for the period from 26.7.2017 along with further interest on the maturity amount of Rs.2,30,000/- and to pay Rs.20,000/- on account of deficiency in service and unfair trade practice and an amount of Rs.20,000/- on account of litigation expenses.
2. After the notice being served upon the opposite parties, the opposite parties appeared through Advocate Shri Udit Goyal and filed written version. In written version taking preliminary objections that the complainant has arrayed opposite party number 1 through his personal capacity though he in his personal capacity never entered into any agreement nor received any amount, that this Forum has no jurisdiction to try the present complaint.
3. On merits, it is stated that after understanding all the conditions of the plan on 26.7.2012 the complainant had booked 80 grams 22 Kt gold at that time the value of the same was Rs.2,30,000/-. So as per the conditions of scheme he paid 62.5% of Rs.2,30,000/- i.e. Rs.1,43,750/- only and as such he received discount of 37.5% of Rs.2,30,000/- i.e. Rs.86,250/- and the claim of complainant for payment of Rs.2,30,000/- is against the provisions of the terms and conditions of scheme as well as income Tax Act.
4. The complainant has also filed replication on preliminary objections/written statement, wherein the objections taken by the opposite parties have been denied and the allegations in the complaint have been reiterated.
5. The complainant has tendered documents Ex.C-1 to Ex.C-7 and closed evidence. The opposite parties have produced Ex.OP-1 to Ex.OP-5 and closed evidence.
6. We have gone through the pleadings of the parties and documents placed on record by the parties as well as heard the arguments advanced by the learned counsel for the parties.
7. The learned counsel for the complainant has contended that on assurance of the opposite parties, the complainant availed the services of the opposite parties by depositing an amount of Rs.1,43,750/- in cash (FD amount) on 26.7.2012 with the opposite parties number 2 to 4 and issued policy voucher/receipt voucher/FDR no.092-000737819, receipt number 912001964937 dated 26.7.2012, the opposite parties promised to pay Rs.2,30,000/- or 80 grams (22 Karat) gold coins as per policy on maturity i.e. 26.7.2017. Further case of the complainant is that the opposite parties failed to pay the maturity amount. The complainant also got served a legal notice dated 30.4.2018 upon the opposite parties number 1 to 4, but still the opposite parties did not release the payment of Rs.2,30,000/- to the complainant. On the other hand, the learned counsel for the opposite parties has submitted that after understanding all the conditions of the plan on 26.7.2012 the complainant had booked 80 grams 22 Kt gold at that time the value of the same was Rs.2,30,000/-. So as per the conditions of scheme he paid 62.5% of Rs.2,30,000/- i.e. Rs.1,43,750/- only and as such he received discount of 37.5% of Rs.2,30,000/- i.e. Rs.86,250/- and the claim of complainant for payment of Rs.2,30,000/- is against the provisions of the terms and conditions of scheme and has prayed for dismissal of the complaint. Ex.C-1 is the copy of receipt, which shows that the complainant got booked gold quantity of Rs.1,43,750/- which was to be paid on maturity i.e. 26.7.2017, which the opposite parties failed to pay. The complainant also got served a legal notice upon the opposite parties on 30.4.2018, a copy of which on record is Ex.C-2 and postal receipts are Ex.C-3 to Ex.C-6.
8. It is proved on record that the complainant deposited a total amount of Rs.1,43,750/- with the opposite parties vide receipt Ex.C-1 and the opposite parties were to pay an amount of Rs.2,30,000/- after the period of five years or to deliver 80 grams gold (22 Karat) but the opposite parties failed to pay the due maturity amount along with interest. Though the stand of the opposite parties is that no amount is payable by the opposite parties nor any amount has been offered to pay to the complainant, as such, are of the considered view that the opposite parties are liable to pay the due amount of Rs.2,30,000/- to the complainant on maturity date i.e. 26.7.2017.As such, the opposite parties are deficient in service by not paying the requisite maturity amount to the complainant and the Opposite parties are directed to pay to the complainant an amount of Rs.2,30,000/- along with interest @ 9% per annum from the date of maturity i.e. 26.7.2017 till realization. It is further directed to pay a lump sum compensation of Rs.4000/- for mental agony, harassment and litigation expenses. This order be complied with by the opposite parties within 30 days from the date of receipt of certified copy of this order. A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.
Pronounced.
October 31, 2019.
(Vinod Kumar Gulati) (Vandana Sidhu) (Amrinder Singh Sidhu)
Member Member President
