DISTRICT  CONSUMER  DISPUTES  REDRESSAL  COMMISSION,

                                          PATIALA                                                

                                             Consumer Complaint No.146 dt.25/04/2019

                                                                Decided on:   09/04/2021

Ashok Kumar son of Shish Pal residence of ward No.4, Paras Colony, Village Dirba, Tehsil Dirba, District Sangrur

                                                                             ...Complainant

                                      Versus 

1.      Saharayn  Universal  Multipurpose  Society  Ltd. Regd. Office:  195, 

       Zone-1, In front of D. B. Mall, M.P. Nagar, Bhopal (Madhya Pradesh)

       through its Managing Director.

2.      Saharayn  Universal  Multipurpose  Society  Ltd. (Sahara Credit

         Cooperative  Society Ltd.) Branch Office  Opposite Polo  Ground,

       Patiala Tehsil and  District Patiala, through its Branch Manager.

….Opposite parties.

                                Complaint under Consumer Protection Act, 1986.  

QUORUM

                                Sh. Jasjit Singh Bhinder, President                                                              Sh. Vinod Kumar  Gulati, Member 

ARGUED BY:

Sh. G. S. Shergill Adv. counsel for complainant.

Sh. Dhiraj Puri Adv. counsel for the Opposite Parties.

ORDER

                              JASJIT  SINGH BHINDER,  PRESIDENT

1.                  Complainant has filed this complaint under the Consumer Protection Act, (hereinafter referred to as the Act) against the Opposite Parties namely Saharayn Universal Multipurpose Society Ltd. & Ors. ( hereinafter referred to as the OPs) on the ground that complainant availed the services of the OPs by investing an amount of Rs.1,88,308/- vide policy/FDRs under SUPER BB PLAN vide FDRs No.467-000919178 & No.467-000919179. The date of maturity of the said FDRs was 29/01/2019 and maturity value of the FDRs is Rs.2,89,241.08/-. After due date of said FDRs the complainant submitted all the relevant documents with OP no.2 for releasing the amount. The complainant requested the OPs so many times to release the maturity amount but they failed to do so. Thus, alleging deficiency in service on the part of the Ops,  the complainant has prayed that the opposite parties be directed to release the maturity amount of FDR i.e. Rs.2,89,241.08/- along with interest and to pay Rs.50,000/- on account of mental torture, agony, inconvenience and an amount of Rs.22,000/- on account of litigation expenses. 

2.                  In reply filed by the OPs, preliminary objections are taken up on the grounds that the complainant is not a consumer as the complainant is a member of the society and if any member of the society has any grievance then he should go to the arbitration Court. On merits, it is stated that the complainant being the member of the society and contributed the amount in the shape of FDRs at Branch office Patiala of Society. It is further submitted that the maturity value of account was as per the terms and conditions of scheme. It is prayed that complaint is baseless, hence complainant is not entitled to any relief and the same is liable to be dismissed. 

3                    The learned counsel for the parties produced their respective evidence before this Commission in the shape of documents and affidavits. 

4.                  We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.  

5.                  To prove the case, ld. Counsel for the complainant has tendered Ex.CA is the affidavit of the complainant where in he has deposed as per his complaint and Ex.C-1 & Ex.C-2 are the copies of FDRs. Learned counsel for the complainant has argued that the complainant has  deposited Rs.1,88,308/- vide FDRs which were issued by the OP no.2 in favour of the complainant. Further it is contended that the complainant approached the OPs and requested OP number 2 to release the maturity amount of the FDRs, but the amount was not paid despite approaching the OPs. On the other hand, the OPs have tendered Ex.OPA affidavit of Rajiv Kumar Shukla along with documents Ex.OP-1 copy of authority letter and Ex.OP-2 copy of application form along with terms and conditions.

6.             It is proved on record that the complainant deposited with the opposite parties a total amount of Rs.1,88,308/- vide copies of FDRs  Ex.C-1 & Ex.C-2. Opposite parties failed to pay the due amount along with interest.  So it is clear that the OPs have defrauded the complainant despite the fact that amount  was received but OPs have not made the payment.

7.             In view of our above discussion, we allow the complaint and direct the Ops to pay to the complainant an amount of Rs.1,88,308/-  along with interest @ 9% per annum from 29/01/2019 till realization.  It is further directed to pay to the complainant an amount of Rs.5000/- as compensation for mental agony, harassment and further an amount of Rs.5000/- on account of litigation expenses.  This order be complied with by the opposite parties within 60 days from the date of receipt of certified copy of this order. 

ANNOUNCED*    

Dated: 09/04/2021          

                               (Vinod Kumar Gulati)               (Jasjit Singh Bhinder)

                                             Member                                           President