DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA

C.C.No. 284 of 27-10-2020

Decided on : 6-6-2023

Harpreet Singh aged about 35 years S/o Jasvir Singh, R/o Maur Road, Rampura Phul, District Bathinda.

........Complainant

Versus

1. Sahara Q Shop Unique Products Range Limited, Sahara India Bhawan,1, Kapoorthala Complex, Aliganj, Lucknow-226024 through its Managing Director/DM/Incharge/Authorised Signatory

2. Sahara Q Shop Unique Products Range Limited, Near Silver Star Hotel, Amrik Singh Road, Bathinda through its Manager/Incharge/Authorized Signatory

.......Opposite parties

Complaint under Section 35 of the Consumer Protection Act, 2019

QUORUM

Sh. Lalit Mohan Dogra, President

Sh. Shivdev Singh, Member

Present :

For the complainant : Sh. Pargat Singh, Advocate.

For opposite parties : Sh. R.K Duggal, Advocate.

ORDER

Shivdev Singh, Member

1. The complainant Harpreet Singh (here-in-after referred to as complainant) has filed this complaint U/s 12 of Consumer Protection Act, 1986, ( Now C.P. Act, 2019 here-in after referred to as 'Act') before this forum (Now Commission) against Sahara Q Shop Unique Products Range Ltd., & others (here-in-after referred to as opposite parties).

2. Briefly stated, the case of the complainant is that the opposite parties made tall claims with the complainant to invest money with their company Sahara Q Shop Unique Products Range Ltd. and shall get handsome return of the same from their company on maturity along with principal amount. The complainant being allured by the opposite parties, purchased FDR bearing No. 562 002902751, Receipt no. 71029103260, customer ID No. 827002003912, Service Centre no. 302700, F.A. Code/S.A. Code 270010700/827002003912 (071029103260) dated 22.9.2012 for Rs.10,000/- of their company and the said FDR has been matured on 22.9.2017 and maturity value of the same is 20,000/-.

3. It is alleged that after maturity on dated 22.9.2017, the complainant completed all the formalities and has handed over the photo copy of aforesaid FDR, receipt, ID proof etc. to opposite parties for getting the maturity value of the FDR and thereafter he repeatedly requested the opposite parties to make payment of maturity value of the said FDR to the complainant, but with no effect and a week ago the opposite parties flatly refused to accede to the request of the complainant and now a sufficient long period has been elapsed needful has not been done so far by the opposite parties. The opposite parties intentionally, willfully, deliberately and with malafide intention have withheld/retained the maturity value of the said FDR of the complainant, which amounts to deficiency in service and unfair trade practice on part of opposite parties. Due to aforesaid act opposite parties, the complainant has suffered great mental tension, agony botheration harassment and also financial loss for which he claims compensation to the tune of Rs. 2,00,000/-.

4. On this backdrop of facts, the complainant has prayed for directions to the opposite parties to pay maturity amount of Rs. 20,000/- alongwith interest 24% p.a. and damages to the tune of Rs.2,00,000/- on account of mental agony, pains besides Rs.22,000/- as litigation expenses.

5. Upon notice, opposite parties appeared through counsel and contested the complaint by filing written reply raising preliminary objections that the complainant has not approached this Commission with clean hands and has suppressed true and correct facts. As per the terms & conditions of the scheme, there is no provision of payment of pre-maturity or maturity. As per clause-2 of scheme no interest is payable over the advance amount. As per the terms and conditions during the tenure of the scheme the customer can get Loyalty Bonus Points on the purchase of the products of the company. Q Shop scheme is not a policy or fixed deposit scheme. Complainant did not make advance to get the interest over the same, rather he had advanced to purchase the products. The claim of the complainant is against the terms of the agreement.

6. It has been pleaded that before making advance, complainant has gone through the terms and conditions of the scheme, he deposited advance of Rs. 10,000/- in Q Shop Goods Plan-H.

7. On merits, opposite parties have pleaded that payment, if any, was strictly payable as per terms & conditions of the contribution. The complainant has made false and baseless statement. Being a member of Society, complainant had contributed the amount for the furtherance of the objects of Society. It is submitted that under Contribution scheme there is no provision of maturity or pre-maturity payment. Further, scheme does not provide interest over the contributed amount. After controverting all other averments of the complainant, the opposite parties prayed for dismissal of complaint.

8. In support of his complaint, the complainant has tendered into evidence his affidavit dated 17.11.2020 (Ex.C-1) and the documents (Ex. C-1 & Ex. C-2).

9. In order to rebut the evidence of complainant, opposite parties have tendered into evidence affidavit dated 24-4-2023 of sh. Krishan Chander (Ex. OP-1/1).

10. The learned counsel for the complainant submitted that opposite parties lauched one Sahara Q Shop Unique Products Range Ltd., Scheme (Fixed Investment Schemes) vide which the opposite parties received Rs. 10,000/- on 22-9-2012 vide Ex. C-1 , but despite submission of all the original documents with the opposite parties, they failed to pay the due amount to complainant till date. So, complainant is entitled to maturity value of said amount with interest till payment.

11. On the other hand, learned counsel for opposite parties argued that complainant has opted for the scheme while understanding all the terms and conditions of the scheme. As per terms and conditions, during the tenure of the scheme, the customer can get Loyalty Bonus Points on the purchase of the poducts of the Company. Q Shop scheme is not a policy or fixed deposit scheme. Complianant did not make advance to get the interest over the scheme, rather he has advanced to purchase the products. He further argued that claim of the complainant is against the terms of agreement.

12. We have heard learned counsel for the parties and gone through the file carefully.

13. The complainant has pleaded that he invested amount of Rs. 10,000/- on 22-9-2012 vide Ex. C-1 and he is entitled to maturity maturity value of Rs. 20,000/- against said deposited amount. The opposite parties have admitted receipt of amount of Rs. 10,000/- vide Ex.C-1 from the complainant. This Commission is of the view that failure on the part of the opposite parties for not refunding the amount deposited by the complainant without any reasonable cause amounts to deficiency in service on their part.

14. For the reasons recorded above, this complaint is partly accepted with Rs.5,000/- as cost and compensation against the opposite parties and the opposite parties are directed to pay Rs. 20,000/-, maturity amount to complainant against deposit i.e. Ex. C-1, with interest @9% p.a. with effect from the date of maturity i.e. 22-9-2017 till payment.

15. The compliance of this order be made by opposite parties jointly and severally within 45 days from the date of receipt of copy of this order.

16. The complaint could not be decided within the statutory period due to heavy pendency of cases.

17. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.

    Announced:-

    6-6-2023

     

    1. (Lalit Mohan Dogra)

    President

     

     

    (Shivdev Singh)

    Member