ORDER

21.06.2024

Sh. Sanjay Kumar, President

1. The factual matrix of the present case is that complainant took a loan of Rs.25,000/- from OP1 on 25.01.2002 for repair of her house at village Badayaun in UP as it was badly damaged due to heavy rains. It is stated that one of the close relative told the complainant that government has announced a welfare scheme and interest free loan will be given by OP1 if complainant becomes member of OP1 society. It is further stated that complainant become member by acquiring membership no. 02800 and after taking loan made repayment till date of Rs.22,365/- and liable to pay only Rs.2635/-.
2. The complainant has mentioned the details from 07.11.2001 to 26.10.2005 for repayment  and also mentioned in respective receipts numbers of Rs.22,365/-. It is stated that as per statement of loan amount the outstanding due against complainant is shown as Rs.52,301/- as on 21.10.2011 which is arbitrary, illegal and contrary to terms and conditions of the loan. It is stated that no credit  has been given for payment of Rs.22365/- except  creditgiven for Rs.4931/-.
3. It is stated that OP1 adopted unfair trade practice by raising unreasonable demand of Rs.52301/- and also threatening that all the properties of complainant in village Badayun in UP shall be attached and sold through auction to make recovery of demand.
4. The complainant is seeking complete details of demand raised by OP1 of the illegal arbitrary demand of Rs.52,301/-, to cancel demand against complainant on receipt of Rs.2635/-, restrain OP1 and 2 from resorting to sale of immovable/movable properties  of the complainant for making recovery of Rs.52,301/- and direct to pay compensation of Rs.2,00,000/- for causing loss of reputation of complainant in the society.
5. OP1 filed WS and taken preliminary objection  that the complainant has malafide intentions as the name, age and business mentioned in the complaint is as well as to the society OP1 are totally different in nature and copy of membership form filed on record. It is stated that complainant has not come to this court with clean hands rather misguide by playing double cross and achieving her vested interest at the cost of justice. It is stated that complainant without sufficient evidentiary proof has moved to this hon’ble court to gain an upper hand in the matter and instead of repaying her debt liability intended to claim thousands of rupees.
6. On merit all the allegations are denied and stated to be false. It is stated that the complainant’s age is about 28 years wherein in the records of OP1 she has completed 31 years. The address is also given different and profession in the record of OP1 is tailoring work at G775, Jahangirpuri and copy of affidavit dated 10.08.2001 filed on record. It is stated that complainant has come up with a lucrative offer to the society towards single installment by entrusting the onus upon society who have pressurized and insisted in taking the total amount as per award already passed by registrars cooperative societies, Delhi in this matter on 20.11.2010 and copy of award filed on record.
7. It is stated that complainant being a member of cooperative society is only ruled by Delhi Cooperative Societies Act, 2003 and Delhi Cooperative Societies Rules 2007. It is stated that complainant after availing and exhausting all possible remedies provided in DCS Act and Rules has again approached this Hon’ble Court aiming only with the intention of extracting money from the society towards which she herself has all the dues and liabilities of loan. It is stated that the present complaint is barred by limitation and only Registrar Cooperative Societies have the jurisdiction, therefore, present complaint is liable to be dismissed.
8. Complainant filed rejoinder to the WS of OP1 and denied all the allegations made in the WS and reiterated contents of the complaint.
9. Complainant filed evidence by way of her affidavit and reiterated contents of the complaint.
10. OP filed evidence by way of affidavit of Sh. Hajari Lal President of the Sahu Cooperative Urban T/C Society Ltd. and reiterated contents of WS. OP1 relied on copy of membership of complainant Annexure P1, copy of affidavit dated 10.08.2001 Annexure P2, copy of award dated 20.11.2010 Annexure P3 and copy of certificate of OP2 Annexure P4, copy of statement of account Annexure P5 and copy of share money account Annexure P6.
11. Written arguments filed on behalf of complainant.
12. The present case pertaining to the year 2012 and more than sufficient opportunities granted to complainant as well as OP to address final arguments but neither Sh. M.K Gill counsel for complainant nor counsel for OP or AR appeared. We have gone through the record.
13. The complainant admitted that she is member of OP1 cooperative society having membership no.02800. It is admitted by complainant that she took a loan of Rs.25,000/- from OP1. As per annexure P1 the membership form the complainant mentioned her age 20 years and address G775 Jahangirpuri and profession as tailor. She also filed up declaration form and it was witness by one Ram Kumar Sahu on 07.08.2001. The complainant also furnished an affidavit dated 10.08.2001 annexure P2. The complainant has not filed any application for taking loan for repair of damaged house due to heavy rain at her village Badayun UP. The complainant also not filed any terms and conditions wherein government stated that OP1 would provide loan without any interest. The OP filed  on record with details of loan account which reflect that loan was provided on payment of nominal interest to the complainant and she has deposited from 07.11.2001 to 26.10.2005 total Rs.24,648/- which includes payment of interest and the principle amount. As per receipts filed by complainant herself clearly shows the payment of loan shows principle amount and interest on the loan. It established that loan of Rs.25,000/- was granted by OP1 to complainant is on the basis of repayment of principle amount and agreed interest of rate on the loan amount.
14. The complainant has concealded the true and material facts that OP1 initiated arbitration proceedings for recovery of  remaining loan amount and Sh. Maan Singh Tosaria who after conducting proceedings passed an award dated 20.12.2010. The complainant has not taken any steps to challenge the said award. The complainant in substance challenging the award whereby recovery proceedings have  been initiated. The present dispute fundamentally covered under Delhi Cooperative Societies Act, 2003 as complainant is member of OP1 Cooperative Society.
15. On the basis of above observation and discussion present dispute is not covered  under Consumer Protection Act, 1986 and complainant failed to establish deficiency  of service against OP1, therefore, present complaint is dismissed. No order as to cost. File be consigned to record room.
16. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving an application from the parties in the registry. The orders be uploaded onwww.confonet.nic.in.

Announced in open Commission on  21.06.2024.

SANJAY KUMAR                                                           NIPUR CHANDNA                 

       PRESIDENT                                                                      MEMBER