Haryana

Kurukshetra

CC/500/2019

Om Parkash S/o Bhagat Ram - Complainant(s)

Versus

Sahra credit co-op - Opp.Party(s)

Rajesh Kaushik

25 Mar 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL COMMISSION, KURUKSHETRA.

 

Complaint Case No.500 oF 2019.

Date of instt: 20.11.2019. 

                                                                         Date of Decision: 25.03.2021.

 

Om Parkash son of Sh.Bhagat Ram resident of village Garhi Roran, Tehsil Pehowa District Kurukshetra

                                                ……..Complainant.

                        Vs.

 

1.The Superintendent, Sahara Credit Cooperative Society Limited, Regd.office Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-22502.

 

2.Sahara India Pariwar, Amin Road, near Gita Girls School, Kurukshetra through its concerned officer.

..………Opposite parties.

 

                Complaint under section 12 of Consumer Protection Act.   

 

Before       Smt. Neelam Kashyap, President.

                Ms. Neelam, Member.

                Sh.Issam Singh Sagwal, Member.

 

Present:     Sh. Rajesh Kaushik Advocate for the complainant.

                Sh. Shishan Dutt Kaushik Advocate for the OPs.

ORDER     

 

                   This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Om Parkash against M/s Sahara India etc, the opposite parties.

2.            Brief facts of the present complaint are that complainant had made a  SAHARA SPECIAL FDR bearing account NO.24797200270 with OP No.2 and deposited a sum of Rs.58,961/- for the period of 18^th months. At the time of opening of account both the OPs assured the complainant that upon completion of eighteen months a sum of Rs.69043/- would be paid to the complainant. FDR bond has been released in the name of the complainant. The complainant  visited the OPs on 15.09.2019 and requested to release the entire amount as per assurance given by OPs but they lingered on the matter on one pretext or the other and ultimately, the complainant got served legal notice dated 23.10.2019 but the OPs paid no heed towards his requests which amounts to deficiency in services on the part of the OPs.  Thus, the complainant has filed the present complaint alleging deficiency in services on the part of the OPs and prayed that the OPs be directed to pay the sum of Rs.69,043/- to the complainant alongwith interest @ 18% per annum from the date of payment till maturity alongwith compensation for the mental harassment caused to her alongwith litigation expenses.

3.     Upon notice OPs appeared and filed written statement disputing the claim of the complainant. The OPs have denied the contents regarding depositing of amount in the form of FDRs for want of knowledge. However, it is submitted that the complainant expressed her will to become member of the society and after understanding the terms and conditions of Sahara A select scheme he shared his money for furtherance of the objects of the society.  It is submitted that a member of the society is not a consumer. OP is a society and not a member. It is denied that OPs  are delaying the payment. It is submitted that due to economic crisis and financial constraint the answering OPs  rendered unable to make the  payment of contribution amount and its benefits at one go. As such the complainant was asked to receive the payment in part/installments but  he willfully  refused to receive the same in part. Due to the above reason payment could not have been made.   The complainant did not approached office of OPs as alleged.While denying all other allegations specifically, preliminary objections regarding concealment of facts, jurisdiction and that the matter can be decided by the Arbitration under section 10  and  prayed for dismissal of the present complaint.

4.             The complainant in support of her case has filed her affidavit Ex.CW1/A and tendered documents Ex.C-1 to Ex.C-4 and closed her evidence.

5.             On the other hand, OPs in support of their case have filed affidavit Ex.RW1/A and closed their evidence.

6.             We have heard the learned counsel for the parties and have gone through the record available on the case file.

7.             The Learned counsel for the complainant  has argued that  the complainant had made a  SAHARA SPECIAL FDR bearing account NO.24797200270 with OP No.2 and deposited a sum of Rs.58,961/- for the period of 18^th months. At the time of opening of account both the OPs assured the complainant that upon completion of eighteen months a sum of Rs.69043/- would be paid to the complainant. FDR bond has been released in the name of the complainant. The complainant  visited the OPs on 15.09.2019 and requested to release the entire amount as per assurance given by OPs but they lingered on the matter on one pretext or the other

               

8.             On the other hand,  learned counsel for the OPs  while reiterating the submissions made in the complaint has argued that the complainant has not come forward to receive the amount on maturity and the complainant did not approached their office immediately after maturity  rather he approached after considerable delay and demanded payment of additional interest for the delayed period also and the said demand of interest was against the terms and conditions of clause of agreement. Due to financial crisis the payment could not be made in one go and he r effused to receive the payment in installments and  filed the complaint before the Consumer Commission is not maintainable  and prayed for dismissal of the complaint.

 

9.             After hearing the learned counsel for the parties, we are of the view that the complainant is also entitled to interest even after maturity of the FDRs amount because amount of the complainant remained with the OPs and they used the same. Further, the contention of the learned counsel for the OPs that the complainant is not consumer is also devoid of any force because the complainant deposited the amount in the FDRs with the OPs and he availed the services of the OPs. The contention of learned counsel for the OPs that the complaint if any can only be decided by the Arbitrator Act  and this Commission has no jurisdiction to decide the present complaint are without any force because as per settled law remedy under the Consumer Protection Act 1986 is an additional remedy and can be availed by the complainant, if he does not wish to avail the relief under the Arbitration Act. Therefore, the complaint before this Commission is maintainable and this Commission has every jurisdiction to entertain and to decide the present complaint. Therefore, the complainant is entitled to relief and the OPs are liable to pay the maturity  amount for  SPECIAL FDR bearing account NO.24797200270  i.e. a sum of Rs.58,961/-  (as shown in Ex.C-1), alongwith interest alongwith compensation for the mental harassment suffered by him at the hands of the OPs.

 

10.            For the reasons recorded above, we accept the present complaint and direct the OPs to pay the maturity  amount  of SPECIAL FDR bearing account NO.24797200270 with OP No.2 i.e. sum of  Rs.58,961/- (as shown in Ex.C-1) alongwith  interest @ 9% per annum from the date of filing of the present complaint i.e. 20.11.2019 till realization. The complainant shall also be entitled to sum of Rs.5,000/- as compensation for the mental harassment and agony caused to him and Rs.5000/- as litigation   expenses. The OPs  are   further directed to make the compliance of this order within a  period of  45 days from the date of preparation of certified copy of this order, failing which, the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the OPs. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

 

Announced in open commission:

Dt.:25.03.2021                                            (Neelam Kashyap)

                                                                     President.

 

 

(Issam Singh Sagwal),         (Neelam)       

 Member                              Member.