DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

 

Complaint Case No : 21/2020

Date of Institution   : 23.01.2020

Date of Decision    : 27.10.2020

Poonam, aged about 49 years, wife of Sh. Raman Agestya resident of # B-14/425, Fateh Singh Nagar, Dhanaula Road, Barnala, 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 12 of Consumer Protection Act, 1986.

Present: Sh. Dhiraj Kumar counsel for complainant.

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

 

Quorum.-

1. Sh. Kuljit Singh : President

2.Sh. Tejinder Singh Bhangu : Member

 

(ORDER BY KULJIT SINGH, PRESIDENT):

The complainant namely Poonam has filed the present complaint under Consumer Protection Act, 1986 (in short the Act) against M/s Sahara Q Shop Unique Products 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. 1,19,500/- 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. 3,74,035/- to the complainant on 6.9.2018 and in this regard the opposite parties issued one certificate. It is further alleged that according to the agreement and terms & conditions tried to submit the above said certificate in the office of opposite party No. 2 for the release of value of Rs. 3,74,035/- on 6.9.2018. But the opposite party No. 2 refused to receive the same and has verbally told to the complainant that he 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 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. Finally, the complainant served a legal notice dated 6.1.2020 to the opposite parties, but the opposite parties failed to give any reply. 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.- 

1) To make the payment as per agreement of Rs. 3,74,035/- alongwith interest.

2) To pay Rs. 15,000/-  as compensation 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 Sahara Q Shop Product. The complainant after understanding the terms and conditions, bylaws and objects of the society has become a member and shared Rs. 1,19,500/- vide receipt dated 7.9.2012. 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 she 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 certificate Ex.C-2, copy of legal notice Ex.C-3, postal receipts Ex.C-4 & Ex.C-5 and closed the evidence. Ld. Counsel for complainant on 9.10.2020 has made statement that he does not want to file rejoinder on behalf of complainant.

5. To rebut the case of the complainant the opposite parties tendered into evidence copy of certificate of registration Ex.O.P1.2/1 and closed the evidence. 

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 copy of certificate Ex.C-2 which shows that the complainant has deposited Rs. 1,19,500/- on 7.9.2012 with the opposite parties. She has further placed on record copy of legal notice Ex.C-3, which shows that the opposite parties were served with a legal notice dated 6.1.2020. Ex.C-4 & Ex.C-5 are the postal receipts. 

8. On the other hand, the opposite parties has placed on record certificate of registration Ex.O.P1.2/1, which shows that the Saharayan E-Multipurpose Society Limited, 9, Santoshi Vihar, Ayodhya Bypass Road, Near State Bank, Bhopal, Madhya Pradesh-462041 is registered under section 11 of the Multi State Cooperative Societies Act, 2002 (39 of 2002). Apart from Ex.O.P1.2/1 the opposite parties has failed to place on record any evidence to rebut the case of the complainant.

9. Perusal of the record shows that the complainant has deposited Rs. 1,19,500 on 7.9.2012 with the opposite parties vide receipt Ex.C-2. Further, from this receipts it shows that the complainant has deposited the above said amount of Rs. 1,19,500 with the opposite parties under “Q Shop Plan H”. However, in the present complaint the complainant has alleged that she has deposited the above said amount with the opposite parties for a period of 6 years on 7.9.2012, but in this receipt Ex.C-2 neither the rate of interest nor the term of deposit has been mentioned that the complainant has deposited the above said amount for a period of 6 years. So, we are of the view that the complainant has failed to prove that she has deposited the amount of Rs. 1,19,500/- with the opposite parties for a period of 6 years as claimed by the complainant. The complainant has also failed to bring on record any detail of the scheme, as investment is invested Under “Q Shop Plan-H” for the period and as per terms and conditions of the Plan.

10. Ld. Counsel for complainant argued that opposite parties were duty bound to pay the above said amount of Rs. 3,74,035/- to the complainant as per scheme. But there is nothing on record that a member shall be entitled to receive the benefits as claimed by the complainant. Further, the complainant has failed to brought on record any cogent, reliable and confidence inspiring evidence to prove that which benefit was to be given to the complainant under the above said scheme. It is important to mention here that the complainant has miserably failed to prove on record that she is entitled for Rs. 3,74,035/- as claimed by her in the complaint. 

10. As a result of the above discussion, we are of the view that the present complaint has no merit and the same is dismissed. 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:

       27th Day of October, 2020 

 

 

            (Kuljit Singh)

            President

              

 

(Tejinder Singh Bhangu)

Member