DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

Complaint Case No : CC/109/2021

Date of Institution   : 04.05.2021

Date of Decision    : 07.01.2022

Baljinder Kaur aged about 45 years, wife of Sh. Balvir Singh resident of Mache Patti, Thulliwal, Tehsil and District Barnala.

                …Complainant

Versus

1. Sahara Q Shop Unique Products Range Limited, Registered Office Sahara India Bhawan, 1, Kapurthala Complex, Aliganj, Lucknow-226024, through its Authorized Signatory/Managing Director;

2. Sahara India Parivar, Branch Office Barnala, now shifted at Sahara India Parivar, Sethi Complex, 3rd Floor, Near Modi College Chowk, Opposite Apollo Ground, Patiala-147001, through its Branch Manager. 

 

           …Opposite Parties

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Present: Sh. Dhiraj Kumar counsel for complainant.

Sh. N.K. Garg counsel for opposite parties.

 

Quorum:-

1. Sh. Ashish Kumar Grover : President

2.Smt. Urmila Kumari : Member

 

(ORDER BY ASHISH KUMAR GROVER, PRESIDENT):

The complainant namely Baljinder Kaur has filed the present complaint under Consumer Protection Act, 2019 (amended upto date) against Sahara Q Shop Unique Products Range Limited and others (hereinafter referred as opposite parties).  

2. The facts leading to the present complaint are that the complainant has availed the services of opposite parties. It is alleged that the complainant has invested a total sum of Rs. 67,900/- in cash with the opposite party No. 2 at Barnala for 6 years  on 7.9.2012 and it was agreed with the opposite parties and the complainant that the opposite parties will handover a sum of Rs. 1,59,565/- to the complainant on 7.9.2018 and the opposite parties have issued three certificates in this regard. It is further alleged that the complainant according to the agreement and terms & conditions tried to submit the above said original certificates in the office of opposite party No. 2 for the release of value for the sum of Rs. 1,59,565/- on 7.9.2018. But the opposite party No. 2 refused to receive the same and has verbally told to the complainant that she will receive the same after some days when the payment will be made to the complainant. After some days the complainant visited the office of opposite party No. 2 for collecting the amount and depositing the above said seven membership documents. It is further alleged that the Manager of the opposite party No. 2 told the complainant that the payment will be made on the next month. Thereafter, the complainant again visited the office of opposite party No. 2 but they linger on the matter on the one pretext or the other. Thus, there is deficiency in service and unfair trade practice on the part of opposite parties. Hence, the present complaint is filed for seeking the following reliefs.- 

i) To make the payment of Rs. 1,59,565/- as per the agreement alongwith interest.

ii) To pay Rs. 15,000/-  on account of mental agony and physical harassment and Rs. 10,000/- as litigation expenses.     

3. Upon notice of this complaint, the opposite parties appeared and filed joint written version taking preliminary objections interalia on the grounds that the complainant has not come to the Forum with clean hands and the complaint is misconceived, baseless and unsustainable in the eyes of law. It is further averred that the complainant is not a 'consumer' of opposite parties. Further, the opposite party is a Society duly registered under “Multi State Co-operative Society Act, 2002” and the complainant is member of the Society. As such, for any dispute between Society and Member, consumer complaint is not maintainable. On merits, it is submitted that the complainant contacted the office of Society to become a member for participating in the scheme for taking/gaining benefit of Society. The complainant after understanding the terms and conditions, bylaws and objects of the society has become a member and invested an amount of Rs. 67,900/- under the scheme of the company at Barnala office of the Society. It is further submitted that the complainant has concocted a story and has filed the present complaint claiming payment which is against the terms and conditions of the agreement. Moreover, the complainant has no right to claim against the terms of the agreement. It is further submitted that due to economic crisis and financial constraint the answering opposite parties was rendered unable to make the payment of contribution amount and its benefit at one go. As such, the complainant was asked to receive the payment in part/installment, but complainant willfully refused to receive the same in part. So, due to this reason the above said payment could not have been made. Therefore, there is no deficiency in service on their part and prayed for the dismissal of complaint. 

4. In support of her case the complainant tendered into evidence her own affidavit Ex.C-1, copy of receipts Ex.C-2 to Ex.C-4, copy of Adhaar Card Ex.C-5 and closed the evidence. Ld. Counsel for complainant on 24.9.2021 has suffered the statement that he does not want to file any rejoinder on behalf of complainant.

5. On the other hand, to rebut the case of the complainant the opposite parties have failed to produce any evidence and the evidence of opposite parties is closed by the order of this Commission dated 20.12.2021.

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

7. In order to prove her case the complainant has placed on record her detailed affidavit Ex.C-1, in which she reiterated the averments as mentioned in the complaint. She has further placed on record copies of receipts Ex.C-2 to Ex.C-4, which shows that a total amount of Rs. 67,900/- has been deposited by the complainant with the opposite parties. 

8. On the other hand, to rebut the case of the complainant the opposite parties have failed to produce on record any evidence and the evidence of opposite parties is closed by the order of this Commission dated 20.12.2021.

9. Further, the subscription of scheme is not disputed between the parties and complainant deposited the total amount of Rs. 67,900/- with the opposite parties is also not disputed. Moreover, from the perusal of the records it has been proved that the complainant has deposited the total amount of Rs. 67,900/- with the opposite parties as per scheme. Further, in Ex.C-2 to Ex.C-4 it shows that the complainant has deposited the amount of Rs. 67,900/- with the opposite parties vide receipts Ex.C-2 to Ex.C-4 in the said scheme and in this regard three receipts have been issued by the opposite parties to the complainant. 

10. However, the opposite parties have raised a preliminary objection in their written version that opposite party is a Society duly registered under “Multi State Co-operative Society Act, 2002” and for any dispute between Society and Member, consumer complaint is not maintainable. In fact, this dispute is with regard to deposit of amount under the scheme of the opposite parties for a particular period and the refund of the same along with benefits. 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 the Ex.C-2 to Ex.C-4 it is established that the deposit/investment receipt is issued by Sahara Q Shop Unique Products Range Limited, which is not a multipurpose society limited. The objection taken in the written version of opposite parties regarding multipurpose cooperative society are not adequate. So, it is proved that the Consumer Fora (now Commission) has the jurisdiction to entertain such matters.

11.   Moreover, it is also mentioned in the written version that due to economic crisis and financial constraint the opposite parties were unable to make the payment to complainant and even the complainant was asked to receive the payment in part/installment. Meaning thereby the opposite parties are ready to refund the amount of complainant in installments.  

12. As a result of the above discussion, the present complaint is partly allowed and the opposite parties are directed to pay the amount of Rs. 67,900/- to the complainant alongwith interest at the rate of 9% per annum from the date of deposit till realization. Further, the opposite parties are also directed to pay Rs. 5,000/- as costs and Rs. 5,000/- 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. Copy of this order be supplied to the parties free of costs. File be consigned to the records after its due compliance.

ANNOUNCED IN THE OPEN COMMISSION:

       7th Day of January, 2022 

 

 

            (Ashish Kumar Grover)

            President             

 

(Urmila Kumari)

Member