BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.
Complaint Case No. : 854 of 2019
Date of Institution : 19.12.2019
Date of Decision : 16.04.2024
Rajesh Kumar son of Sh. Ram Kumar Sharma R/o Dinod Jhand wali Gali, Patram Gate, Bhiwani Tehsil and District Bhiwani.
..…Complainant.
Versus
1. Sahara Credit Cooperative Society Ltd., Sector/Regional Office, Rohtak road, Near Bus stand, Bhiwani.
2. Sahara India Pariwar, Area Office 2nd Floor, SCO 84-A, Sector-58, Phase-5, Shahi Majra, Mohali through its Area Manager.
3. Sahara Credit Cooperative Society Ltd., Regd. Office: Sahara India Bhawan, Kaporthala Complex, Aliganj, Lucknow-226024 through its Chief Manager/Director.
.…Opposite Parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
BEFORE: Mrs. Saroj Bala Bohra, Presiding Member.
Ms. Shashi Kiran Panwar, Member.
Present:- Sh. Naveen Saini, Advocate for complainant.
Sh. Jagdev Sheoran, Advocate for OPs.
ORDER
Saroj Bala Bohra, Presiding Member.
1. Brief facts of the present complaint are that complainant deposited Rs.60,000/- with OPs under account no.21984200231 in installment of Rs.1000/- per month from 11.01.2012 to 11.01.2017 and maturity amount for the same was Rs.81,586/-. When complainant approached OP on 21.08.2017 for release of the amount, OP No.1 assured that the amount has further deposited by it with OP No.3 under Loyalty Scheme for one year and maturity amount was Rs.93,742/-. So, on the maturity date, complainant approached OPs 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 maturity amount of Rs.1,70,106/- alongwith interest @ 18% per annum from the date of maturity till its realization. Further to pay Rs.50,000/- on account of compensation for harassment besides Rs.5500/- as costs of litigation.
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 vide R.D. no.219694203931 dated 19.11.2012. 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, his affidavit Ex.CW1/A alongwith documents Annexure C-1 & Annexure C-5 have been tendered in evidence and then closed the same.
4. On the other side, documents Annexure R-1 & R-2 were tendered in evidence of OPs and closed the same.
5. We have heard final arguments from both the sides and have gone through the entire record minutely.
6. From the record Annexure C-1 & Annexure C-2, it is clear that the complainant being a member of the OPs society deposited Rs.60,000/- with OPs in 60 installments and this amount was further invested for a period of 12 months and maturity amount for the same was Rs.93,742/- on 21.08.2017 (Annexure C-4). As per Annexure C-5, complainant requested to released the said amount. 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. After hearing learned counsel for the parties and going through the record, we have observed that the OPs have no justification, to withhold the maturity amount of complainant. Further, 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.93,742/- (Rs. Ninety three thousand seven hundred forty two) 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 by complainant.
(ii) To pay a sum of Rs.10,000/- (Rs. Ten thousand) as compensation for harassment.
(iii) Also to pay Rs.5500/- (Rs. five thousand five hundred) 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: 16.04.2024
