DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .
Complaint No. 47
Instituted on: 06.01.2022
Decided on: 19.12.2022
Prem Singh son of Isher Singh resident of W.No.3, Sangatpura, Near M.K.Byepass Dhuri, Tehsil Dhuri, District Sangrur. …. Complainant.
Versus
1. Sahara Q Shop Unique Products Range Limited, Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow 226024 through its Chairman/M.D
2. Sahara India Pariwar, Area Office: SCO 82-83 IInd Floor Phase-V Shahi Majra, Balongi Road, Near A M Hospital, Sector-58 Mohali-160062 through its Manager.
3. Sahara Q Shop Unique Products Range Limited Near Sohan Chakki Sunami Gte Sangrur now merged in Sahara Credit Cooperative Society Limited Sethi Complex, Opp. Polo Ground , Near Modi College Road Chowk, Lower Mall, 3rd Floor, Patiala through its Branch Manager 148026.
4. Subrata Roy Chairman of Sahara Q Shop Unique Products Range Limited Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow 226024.
5. Shri Arun Singh (Regional Manager) Sahara India Parivar Area Office : SCO 82-83 IInd Floor, Phase-V, Shahi Majra, Balongi Road, Near A M Hospital, Sector 58, Mohali-160062.
6. Sahara India Pariwar Jagadari Gate, Ist Floor Above Muthooth Finance Limited Office Ambala City through its Franchise Manager.
7. Sahara India Pairwar through its Branch Manager 3111-12 Cross Road 4, Kacha Bazar, Punjabi Mohalla, Sadar Bazar, Ambala Cantt.
….Opposite parties.
For the complainant : Shri Vinay Kumar Jindal, Adv.
For the Ops : Shri Sanjeev Goyal, Adv. And
Udit Goyal, Advocate.
QUORUM
JOT NARANJAN SINGH GILL: PRESIDENT
KANWALJEET SINGH : MEMBER
SARITA GARG : MEMEBR
ORDER
SARITA GARG, MEMBER
1. Complainant has approached this Forum/Commission alleging inter-alia that the complainant availed services of OPs by investing a total sum of Rs.81850/- vide policy/Fixed Deposit acknowledged by the OPs by issuing receipt no. 71014163152 dated 04.09.2012 with total maturity amount of Rs.1,92,703/-. Continuing further, the complainant has also alleged that after expiry of the deadline, he approached various officials of the OPs and requested them to release the maturity amount but latter failed to do the needful and this is how they were clearly deficient in their services. Even thereafter the complainant approached various authorities on numerous occasions but when nothing was done by the OPs then he was constrained to approach this Forum/Commission with a request for directing the Ops to release a sum of Rs.1,92,703/- along with interest and also for Rs.50,000/- on account of mental harassment and inconvenience and Rs.30000/- as litigation expenses.
2. Upon notice of this complaint, the opposite parties appeared and filed joint written version taking preliminary objections interalia on the grounds that the complaint is frivolous and vexatious in nature, that the complainant has not come to this Commission with clean hands. It is further averred that the scheme of the OPs relate to purchase of products through which customer can purchase the products of company in every month for a period of 6 years as per her requirement, that the complainant has falsely stated that she had deposited money in the shape of FDR but true fact is that Q shop is not a fixed deposit scheme and that the term of Q shop scheme is 6 years which is commenced from the date of advance payment. On merits, it is stated that the complainant paid an advance of Rs.81850/- for buying complete range of goods but there will be no interest ever on advance payment and the plan period was 6 years. It is stated further that the main reason of delay in making the payment is due to the EMBARGO, which is established by the Hon’ble Supreme Court of India, in which the SAHARA cannot sale/purchase of anything without the order of the Hon’ble Court. The other allegations leveled in the complaint have been denied.
3. In support of case the complainant tendered into evidence his own affidavit Ex.C-1 copies of receipt and Plan chart Ex.C-2 and Ex.C-3 and closed evidence.
4. On the other hand, to rebut the case of the complainant the opposite parties have produced sworn affidavit Ex.OP-1 of Shri Rajesh Kumar Shukla, Sr. Executive, Sector Manager Patiala and closed evidence.
5. We have heard the learned counsel for the parties and have gone through the record on file.
6. In order to prove his case the complainant has placed on record his detailed affidavit Ex.C-1, in which he reiterated the averments as mentioned in the complaint. He has further placed on record copy of receipt Ex.C-2 which shows that a total amount of Rs.81850/- has been deposited by the complainant with the opposite parties.
7. On the other hand, to rebut the case of the complainant the opposite parties have failed to produce on record any evidence except affidavit of Shri Rajesh Kumar Shukla, Sector Manager.
8. Further, the subscription of scheme is not disputed between the parties and complainant deposited the total amount of Rs.81850/- with the opposite parties is also not disputed. Moreover, from the perusal of the record it has been proved that the complainant has deposited the total amount of Rs.81850/- with the opposite parties as per scheme. Further, Ex.C-2 shows that the complainant has deposited the amount of Rs.81850/- with the opposite parties vide receipt Ex.C-2. There is no satisfactory reply from the Ops that why the Ops did not refund to the complainant the so deposited amount of Rs.81850/- alongwith interest to the complainant. As such, the same certainly amounts to rendering of ‘service’ as defined in the Act. There is element of ‘deficiency in service’ as well as ‘unfair trade practice’ due to non-performance of the contract, whereby service of the opposite parties has been hired by the complainant by depositing the above said amount with them. Moreover, as per Ex.C-2, it is established that the deposit/investment receipt is issued by Sahara Q Shop.
9. It is an admitted fact between the parties that the complainant had deposited the disputed amount of Rs.81850/- with the Ops, but the Ops are taking lame excuses for not returning the amount alongwith interest. As such, we are of the considered opinion that the Ops are liable to refund the above said deposited amount to the complainant alongwith interest.
10. As a result of the above discussion, the present complaint is allowed and the opposite parties are directed to pay the amount of Rs.81850/- to the complainant alongwith interest at the rate of 7% per annum from the date of deposit till realization. Further, the opposite parties are also directed to pay Rs.4000/- as costs and Rs.4000/- as compensation on account of mental agony and harassment to the complainant. Compliance of the order be made within the period of 60 days from the date of the receipt of the copy of this order.
11. The complaint could not be decided within the statutory time period due to heavy pendency of cases.
12. Copy of this order be supplied to the parties free of cost. File be consigned to the records after its due compliance.
Announced.
December 19, 2022
( Kanwaljeet Singh) (Sarita Garg) (Jot Naranjan Singh Gill)
Member Member President
BBS/-
