DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA

C.C.No. 359 of 21.12.2021

Decided on : 07-06-2023

Sheela Rani aged about 74 years W/o Sh. Des Raj R/o H. No. 254. Ward No. 5. Rampura Phul, District Bathinda.

........Complainant

Versus

1. Saharayn Universal Multipurpose Society Limited (Regd. Under Multi State Co Cooperative Societies Act, 2002) Regd No. MSCS/cr/935/2014) Regd. Office 195 Zone -1, in front of D B Mall Nagar Bhopal, Madhya Prade3sh 462 011 through its Managing Director/DM/Incharge/Authorized Signatory

2. Saharayn Universal Multipurpose Society Limited, Ist Floor, Amrik Singh Road, New Silver Star Hotel, Bathinda, through its Manager,Incharge/authorized signatory

.......Opposite parties

Complaint under Section 35 of the Consumer Protection Act, 2019

QUORUM

Sh. Lalit Mohan Dogra, President

Sh. Shivdev Singh, Member

Present :

For the complainant : Sh. Karanveer Singh, Advocate.

For opposite parties : Sh. R.K Duggal, Advocate.

ORDER

Shivdev Singh, Member

1. The complainant Sheela Rani (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019, (here-in after referred to as 'Act') before this Commission against Saharayn Universal Multipurpose Society Limited and another (here-in-after referred to as opposite parties).

2. Briefly stated the case of the complainant is that the opposite parties made tall claims with the complainant to invest money with their company Saharayn universal Multipurpose Society Limited and shall get handsome return of the same from their company on maturity along with principal amount. The agent of the opposite parties approached the complainant and disclosed the plan to the complainant to invest the money and get double amount after 5 years. Being allured by the opposite parties, complainant purchased. FDR bearing receipt no. 071020037431 dated 23.5.2012 for Rs.17750/- and the said FDR has been matured on 1.3.2018 and opposite parties issued new FDR No. 467003073933 vide receipt no. 34021957001, membership no. 927008000573 and also gave 228 joining point on the basis of previous FDR and one joining point is calculated is Rs.100/- Hence maturity value of the same is Rs.40,550/- i.e. Rs.17,750/- was invested and Rs.22,850/- as joining point.

3. It is alleged that after completion of 36 months i.e. March 2021, the complainant approached the opposite parties for handing over the FDR and withdrawal maturity amount, and completed all the formalities for getting the maturity value of the FDR mentioned above and now the total amount comes to Rs.81,100/- till 30.11.2021. Thereafter complainant repeatedly requested the opposite parties to make payment of maturity value of the said FDR to the complainant, but with no effect. The opposite parties intentionally, willfully, deliberately and with malafide intention have withheld/retained the maturity value of the said FDR of the complainant, which amounts to deficiency in service and unfair trade practice on part of opposite parties. The complainant has suffered great mental tension, agony botheration harassment and also financial loss for which he claims compensation to the tune of Rs. 2,00,000/-

4. On this backdrop of facts, the complainant has prayed for directions to the opposite parties to pay maturity amount of Rs. 81,100/- alongwith interest 18% p.a. from the date of maturity and Rs. 2,00,000/- as damages in addition to Rs.22,000/- as litigation expenses.

5. Upon notice, opposite parties appeared through counsel and contested the complaint by filing written reply raising preliminary objections that the complainant is not consumer; there is no relation of consumer and service provider between the complainant and the opposite parties. If the complainant who is a member of the Society has any grievance or dispute with the Society, the complainant is bound to refer his dispute before Arbitrator as per clause 11 of the terms & condition of the contribution of the scheme SaharaCreidt Co-operative society Limited.

6. On merits, it has been pleaded that complainant became a member for participating in the scheme Super B B Benefit Scheme of society. The complainant after understanding the by laws and objections of the society has become a member and being a member of society, she had shared Rs. 17,750/- on dated 23-5-2012 vide membership No. 927008000573 FDR No. 46003073933 under Super B B Scheme issued by authorized centre, Bathinda, sector Sirsa and Region Hisar, Benefit Scheme at Bathinda . It has also been pleaded that scheme does not provide interest over the contributed amount and Lock-in-period of contribution amount is 36 months. After controverting all other averments of the complainant, the opposite parties prayed for dismissal of complaint.

7. In support of his complaint, the complainant has tendered into evidence her affidavit dated 27.10.2022 (Ex.C-3) and the documents (Ex. C-1 & Ex. C-2).

8. In order to rebut the evidence of complainant, the opposite parties have tendered into evidence affidavit of Krishan Chander dated 24.4.2023 (Ex. OP-1/1) and closed the evidence.

9. It is submitted by learned counsel for complainant that receipt of amount is admitted. The version of the opposite parties is only afterthought to delay refund of amount.

10. On the other hand, learned counsel for opposite parties has submitted that the payment was never denied to the complainant. He is not entitled to any interest after maturity period.

11. Counsel for the opposite parties further argued that there is no relation of consumer and service provider between the complainant and the opposite parties and as such, complaint is not maintainable before this Commission and the second objection raised by the counsel for the opposite parties is that as per Clause '11' of terms & conditions of contribution of the scheme Sahara Credit Cooperative Society Limited, all disputes between society and member of the society are required to be referred to the Arbitrator. This argument of the counsel for the opposite parties has no force as Arbitration and Conciliation Act does not bar the jurisdiction of Consumer Commission. Even opposite parties have not produced any agreement or document signed by complainant and representative of the opposite parties to this effect that parties shall be governed by Multi State Co-operative Society Act, 2002 as well as provisions of Arbitration and Consideration Act. As such, complainant has rightfully approached this Commission for redressal of his grievances. Moreover, in the written statement and evidence on record, there is not even a single word as to why the opposite parties are not ready to refund the amounts received from the complainant.

12. The complainant has pleaded that she invested amounts Rs. 17,750/- on 23-5-2012 vide Ex. C-1 and she is entitled to maturity value of Rs. 40,550/-. The opposite parties have admitted receipt of amount of Rs. 17,750/- vide Ex.C-1 from the complainant. A perusal of Super BB Scheme Ex. C-2 reveals that complainant is entitled to the maturity value of Rs. 40,550/- i.e. Rs. 17750/- as investment and Rs. 22,850/- as joining points. In such circumstances, this Commission is of the view that failure on the part of the opposite parties for not refunding the amount deposited by the complainant without any reasonable cause amounts to deficiency in service on their part.

13. For the reasons recorded above, this complaint is partly accepted with Rs.5,000/- as cost and compensation. The opposite parties are directed to pay Rs. 40,550/-, maturity amount to complainant with interest @9% p.a. with effect from the date of deposit i.e. 1-3-2018 till payment.

14. The compliance of this order be made within 45 days from the date of receipt of copy of this order.

15. The complaint could not be decided within the statutory period due to heavy pendency of cases. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.

Announced:

07-06-2023

(Lalit Mohan Dogra)

President

(Shivdev Singh)​

Member