Haryana

Bhiwani

CC/835/2019

Susma - Complainant(s)

Versus

Sahara - Opp.Party(s)

Kusam Sharma

22 Mar 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

                                                           

         Complaint Case No. :         835 of 2019

                                                            Date of Institution    :  25.11.2019

                                                           Date of Decision      :         22.03.2024

 

 

Sushma wife of Sh. Subhash Jangra R/o Aara Road, Naya Bazar, Bhiwani Tehsil and District Bhiwani.

               ..…Complainant.

 

  Versus

 

 

1.       Sunita wife of Sh. Surender R/o Aara Road, Naya  Bazar Bhiwani, Agent, Sahara Credit Cooperative Society Ltd.

 

2.       Sahara Credit Cooperative Society Ltd., Branch office, in front of New Bus Stand, Bhiwani through its Branch Manager.

 

3.       Sahara Q Shop Unique Products Range Ltd., Regd. Office: Sahara India Bhawan-1, Kapoorthala Complex, Aliganj, Lucknow (U.P.) 226001 through its Manager Director.

 

 

                                                  .…Opposite Parties

 

   

Complaint under Section 12 of the Consumer Protection  Act, 1996.

 

                                                               

 

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-       Ms. Kusum Sharma, 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.30,000/- with OPs No.2 & 3 (Op company) through OP No.1 in a R.D. Scheme; under Account No.21984203931 (wrongly mentioned 219684203931) dated 19.11.2012 in 60 monthly installments of Rs.500/- per month. The date of maturity for this account was 25.10.2017 and on such date(s) the OPs did not release the amount with interest. So, legal notice dated 27.08.2019 was got served upon the OPs but of no avail. Hence, the present complaint has been preferred by complainant 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.30,000/- alongwith interest @ 24% per annum. Further to pay Rs.1.00 lac on account of compensation for harassment besides Rs.5500/- 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 to Ex. C-4 have been tendered in evidence and then closed the same.

4.              On the other side, no evidence tendered on behalf of Ops rather learned counsel for Ops made a statement on 30.01.2024 that written statement of Ops may be read into their evidence and as such 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, it is clear that the complainant being a member of the OPs society deposited Rs.30,000/- with OPs  in a R.D. Scheme of Rs.500/- per month for a period 60 months, under account No.21984203931 dated 19.11.2012 (Ex. C-1). As such, the date of maturity for the RD was 19.11.2017 and on such date(s) the complainant was entitled to the said amount alongwith agreed interest. The grievance of the complainant is that the OPs have not released the maturity amount despite repeated visits and legal notice (Ex. C-2), as such, 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 No.2 & 3, 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.30,000/- (Thirty thousand) to the complainant alongwith simple interest @ 9% per annum from the date of maturity of the R.D. account till its actual realization subject to fulfilling necessary formalities, if any.  

(ii)      To pay a sum of Rs.10,000/- (Rs. Ten 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:22.03.2024.