Haryana

Bhiwani

CC/196/2021

Nedam - Complainant(s)

Versus

Sahara - Opp.Party(s)

Satypal Sharma

26 Feb 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

                                                           

                    Complaint Case No. :        196 of 2021

                                                                       Date of Institution    :  24.09.2021

                                                                      Date of Decision      :        26.02.2024

 

 

Neelam  wife of Sh. Sanjay Kumar R/o H.No.369, Ward No.4, ESI Dispensary Kriti Nagar Colony, Bhiwani Tehsil and District Bhiwani.

               ..…Complainant.

 

  Versus

 

 

1.       Sahara India Pariwar (Sahara Q Shop & SCCSL) Sector/Branch Office Bhiwani Town Plaza Old Bus Stand, Bhiwani, Tehsil and District Bhiwani through its Sector/branch Manager.

 

2.       Sahara Q Shop, North Office: Sahara India Complex C-2, C-3 and C-4, Sector-11 Noida, through its Manager/authorized signatory.

 

                                                  .…Opposite Parties

 

   

Complaint under Section 35 of the Consumer Protection  Act, 2019.

 

                                                               

 

 

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-       Sh. Satyapal Sharma, Advocate for complainant.

Sh. J.B. Saini, Advocate for OPs.

         

ORDER

 

Saroj Bala  Bohra, Presiding Member.

 

1.                 Brief facts of the present complaint are that complainant deposited Rs.35,000/- with OPs in the shape of FDR under Sahara Q Shop Scheme, on  16.04.2013. The date of maturity for the FDR was 16.04.2019 and on such date(s) the complainant was entitled to Rs.82,250/-. So, on the maturity date, complainant approached OP No.1 for release of the amount but it was not released despite various requests and visits. Hence, the present complaint has been preferred by alleging mental agony and physical harassment as well as monetary loss to the complainant, and to issue directions to OPs to release the amount of Rs.82,250/- alongwith interest @ 18% per annum from the date of maturity till its realization. Further to pay Rs.30,000/- on account of compensation for harassment besides Rs.22000/- as costs of litigation. Any other relief to which this Hon’ble Commission deems fit has also been sought.

2.                 Upon notice, OPs appeared through counsel and tendered reply raising some preliminary objections that the complainant has not approached this Commission with clean hands, the present complaint is wholly misconceived and is liable to be dismissed. Further, the OPs is a society duly registered under Multi-State Cooperative Society Act,2002 and thus relation between the complainant and opposite parties is of Member & Society and in case of any dispute between a member and society, the same is governed by the provisions of Section 84 of the Act which bars jurisdiction of Courts to entertain such matters. On merits, OPs have submitted that the complainant after understanding the bye-laws and objects of the Society, became member and shared his money with the OP society. The Ops have denied the averments of the complaint and also any deficiency in service on their part. In the end, prayer has been made for dismissal of the complaint with costs.

3.                 On behalf of complainant, her affidavit Ex. CW1/A alongwith documents Ex. C-1 have been tendered in evidence and then closed the evidence.

4.              No evidence tendered on behalf of OPs, however, learned counsel for complainant on 16.02.2024 made a statement that written statement filed on behalf of OPs may be read into their evidence and closed the evidence.

5.              We have heard final arguments from both the sides and have gone through the entire record minutely.

6.                 The complainant being a member of the OPs society deposited Rs.35,000/- with OPs in the shape of FDR bearing No.855003000106. The date of maturity for the FDR was 16.04.2019 and on such date(s) the complainant was entitled to Rs.82250/-.  The grievance of the complainant is that the OPs have not released the maturity amount despite the fact that she visited the office of OPs several times asking them to release the maturity amount, but the OPs have failed to redress the genuine request of the complainant.

7.                 From the record, it is clear that aforesaid amount was deposited by complainant with OPs vide Ex. C-1 but the matured amount thereof was not paid by the OPs to the complainant. The OPs have no justification, to withhold the maturity amount of the complainant. We are of the considered view that the OPs have utterly failed to perform their part of obligations.  It is pertinent to mention here that the OPs, even after the filing of this complaint and during the pendency of this complaint, have not shown any interest to release the maturity amount to the complainant.  In view of the aforesaid discussion, we conclude that there has been lapse and deficiency on the part of the OPs while delivering services to the complainant which has caused mental and physical harassment to the complainant as well as monetary loss. Hence the complaint is allowed and OPs, jointly and severally, are directed to comply with the following directions with 40 days from the date of passing of this order:-

(i)       To pay a sum of Rs.82,250/- (Rs.Eighty Two thousand two hundred fifty) to the complainant alongwith simple interest @ 9% per annum from the date of filing of this complaint till its actual realization subject to fulfilling necessary formalities, if any.  

 

(ii)      To pay a sum of Rs.5,000/- (Rs. Five Thousand) as compensation for harassment.

 

(iii)     Also to pay Rs.5500/- as litigation expenses.

                              In case of default, the aforementioned all the amounts shall further attract simple interest @ 12% per annum for the period of default.

                              Further, if this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Copies of this order be sent to the parties concerned, free of costs, as per rules.  File be consigned to the record room after due compliance. 

Announced.

Dated:26.02.2024