Punjab

Patiala

CC/21/222

Narinder Singh - Complainant(s)

Versus

Sahara Q Shop Unique Product Range LTD - Opp.Party(s)

Sh.Mohit Kansal

03 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                     

Consumer Complaint No.	:	CC/222/2021
Date of Institution	:	6.7.2021
Date of Decision	:	3.4.2023

 

Narinder Singh Gandhi son of Sh.Pavinder Singh Gandhi, resident of House No.13-A, Street No.30A, Anand Nagar-B, Patiala.

 

                                                                   …………...Complainant

                                      Versus

1. Sahara Q Shop Unique Products Range Limited: Sahara India Bhawan, 1, Kapoorthla Complex, Aliganj Lucknow, through its Managing Director.
2. Sahara India (Sahara Q Shop Unique Products Range Limited), Sector Office: Sethi Complex, Mall Road, Near Modi College Chowk, Opposite Polo Ground, Lower Mall Road, Patiala through its Branch Manager.

                                                                   …………Opposite Parties

Complaint under the Consumer Protection Act

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi, Member        

 

PRESENT:                   Sh.Mohit Kansal, counsel for complainant.

                             Sh.Dhiraj Puri, counsel for OPs.

                                     

 ORDER                                          

1. The instant complaint is filed by Narinder Singh Gandhi s/o Sh.Pavinder Singh Gandhi hereinafter referred to as the complainant) against Sahara Q Shop Unique Products Range Limited (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. The averments of the complainant are as follows:

That complainant deposited an amount of Rs.64,200/- with OPs vide receipt No.071020035513 dated 10.5.2012 for a period of 6 years under scheme Advance for Q Shop Goods (Exist) Plan H, having maturity date as 9.5.2018. He also deposited an amount of Rs.11900/- with OPs vide receipt No.071020035956 dated 19.5.2012 for a period of 6 years under the aforesaid scheme, having maturity date as 18.5.2018. He also deposited another amount of Rs.19,500/- with the OPs vide receipt No.071024024599 dated 10.9.2012, for a period of 6 years, under the aforesaid scheme, to be matured on 9.9.2018. An amount of Rs.16400/- was also deposited by the complainant with the OPs vide receipt No.071026591063 dated 3.10.2012 to be matured on 2.10.2018 under the aforesaid scheme. After maturity of aforesaid amounts, when complainant approached OP No.2 branch office of OP No.1 for disbursement of maturity amount, OPs put off the matter on one pretext or the other. Complainant made requests to the OPs through emails but of no avail. There is thus deficiency in service and unfair trade practice on the part of the OPs. Consequently, prayer has been made for acceptance of the complaint.

3. Upon notice, OPs appeared through counsel and filed written statement having raised various preliminary objections.
4. On merits, it is submitted that complainant himself contacted the office of society to become a member of society and contributed payment of Rs.64200/-on 10.5.2012, for a period of 6 years, under scheme Advance for Q Shop Goods (Exist) Plan H and other amounts under the said scheme. Before opting the scheme complainant duly understood the terms and conditions of the scheme. There is no deficiency in service or unfair trade practice on the part of the OPs. After denying all other averments, OPs prayed for dismissal of complaint.
5. In evidence, complainant furnished his affidavit, Ex.CA, copy of Aadhar card, Ex.C1, copy of receipts, Exs.C2 to C5, copy of tabular chart, Ex.C6, copies of emails (colly), Ex.C7 and closed the evidence.
6. Ld. counsel for OPs has tendered in evidence Ex.OPA affidavit of Ramesh Kumar Yadav, authorized person alongwith document, Ex.OP1 copy of application form and closed evidence.
7. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
8. From the perusal of receipts, Exs.C2 to C5, it is evident that complainant deposited Rs.64200/-, Rs.11950/-, Rs.19500/- and Rs.16400/- on 10.5.2012, 19.5.2012, 10.9.2012 and 3.10.2012, respectively for a period of six years. Ld. counsel for the complainant has argued that OPs did not refund any amount despite repeated requests made through e-mails Exs.C7. Deposit of aforesaid amount is not denied by the OPs. However, no amount was refunded/repaid by the OPs on maturity.There is thus not only deficiency of service but also unfair trade practice on the part of OPs.
9. In view of our aforesaid discussion, complaint is partly allowed and the OPs are directed as follows:

1. To refund the deposited amounts of Rs.64200/-, Rs.11950/-, Rs.19500/- and Rs.16400/- alongwith interest @ 6% per annum from the date of deposits i.e. 10.5.2012, 19.5.2012, 10.9.2012 and 3.10.2012,  respectively, within 30 days from the date of receipt of certified copy of this order, failing which they shall pay interest @9% per annum on the said amounts till realization.
2. To pay Rs.10,000/- as compensation, which is inclusive of costs, for causing mental agony and harassment to the complainant within the prescribed period.

10. The instant complaint could not be disposed of within stipulated period due to  Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

 

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President