Haryana

Yamunanagar

CC/951/2012

Jasbir Singh S/o Sadha Singh - Complainant(s)

Versus

Sangman CO-op.House - Opp.Party(s)

Sanjeev Gupta

11 Jul 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA   NAGAR

                                                                                              Complaint No. 951 of  2012.

                                                                                              Date of institution: 06.09.2012.

                                                                                              Date of decision: 11.07.2016.

 

1. Jasbir Singh aged about 42 years son of Sadhu Singh
2. Manvir Singh aged about 40 years son of Sadhu Singh, residents of House No. 1633-A/3, Tilak Nagar, Workshop Road, Yamuna Nagar, District Yamuna Nagar.                                                                                                                                                                                                                   …Complainant.

                                                              Versus

1. The Sangam Co-op. House Building Society Ltd., Yamuna Nagar through its Secretary.
2. The Haryana State Co-op. Housing Federation Ltd. Panchkula through its Registrar/ Manager.    

                                                    …Respondents. 

 

BEFORE:         SH. ASHOK KUMAR GARG, PRESIDENT

                        SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Sanjeev Gupta, Advocate, counsel for complainant.   

              Sh. Brijesh Chauhan, Advocate, counsel for respondent No.1

              Sh. Nirman Kapoor, Advocate, counsel for Op No.2.

 

 

ORDER

 

1.                     Complainant Jasbir Singh & another filed the present complaint under section 12 of the Consumer Protection Act 1986 praying therein that respondents (hereinafter referred as OPs Cooperative Society) be directed to issue NOC in respect of loan amount and also release all the original documents and further to pay compensation as well as litigation expenses. 

 2.                    Brief facts, of the present complaint as alleged by the complainants, are that they availed a house loan facility of Rs. 1,25,000/- in the year 1997 from OP No.1 Cooperative Society. The loan amount was received by the complainant in three installments of Rs. 37500/- on 25.01.1997 and Rs. 50,000/- on 15.04.1997 and Rs. 37,500/- on 24.07.1997. At the time of sanctioning the loan, the OPs obtained certain original documents from the complainant. The complainant repaid the said loan by way of installments regularly as per rules and regulations of the OPs. The complainant had deposited Rs. 1,00,000/-  with the OP No.1. OP No.2 i.e. Haryana State Cooperative Federation Limited Panchkula launched a scheme vide memo No.10/7/2007/GA-1/2649-1278 dated 12.09.2007 and under the scheme, it was granted to the loanee that the beneficiaries can clear the original loan amount alongwith interest equally to the original loan amount i.e. double of the original loan amount. Under the said scheme it was also granted that amount of the interest recoverable more than double of the loan  will be shared equally by the State Government and Housing Federation Haryana i.e. 50% of the waived off interest will be borne by Government and remaining 50% will be borne by Federation and the Housefed Haryana shall also waive off the penal interest.  Accordingly, the complainant deposited the double of the said amount on 30.03.2007 vide receipt No. 29613 dated 30.03.2007 with the OPs. After depositing the said amount, complainant demanded NOC as well as original documents so many times but the OPs have not issued the same. Hence, the OPs are guilty of the deficient and negligent services to the complainant. Hence, this complaint.

3.                     Upon notice OPs appeared and filed its written statement separately. OP No.1 filed its written statement admitting the fact that house loan facility of Rs. 1,25,000/- was granted to the complainants, however, complainants were regular defaulter and they have not paid the installments regularly to the OP No.1. It has been further mentioned that complainants have not paid even a single penny on 30.03.2007 as alleged in the complaint by them. As the complainants have not deposited loan amount with the Ops, so, the question of issue any NOC or returning of original documents does not arise at all, however, the original documents are with the OP No.2. It has been further mentioned that this Forum has got no jurisdiction to entertain and try the present complaint as the jurisdiction of this Forum is barred under section 128 of Haryana Cooperative Society Act (hereinafter referred as said Act) Hence, there is no deficiency in service on the part of OPs and complaint is liable to be dismissed.

4.                     OP No.2 filed its written statement by taking some preliminary objections such as complaint is legally not maintainable; there is no relationship of consumer and supplier; no cause of action; complainant has concealed the true and material facts from this Forum; a huge outstanding debt of Rs. 5,21,366.83 including interest is standing against the complainant which is unpaid till date; the present complaint is legally and technically not maintainable, as the same is barred by provision of section 102, 112, 124 and 128 of the Haryana Cooperative Societies Act and on merit all the allegations mentioned in the complaint have been denied and controverted the plea taken in the complaint. The complainants have never deposited the double loan amount at any point of time and in totality the complainants have deposited the total amount of Rs. 2,12,696.42 as per statement of account Annexure R-1. It has been further mentioned that as per section 102 of the Haryana Cooperative Societies Act, 1984 there is a provision for referring the disputes for Arbitration and further as per section 112 of the said Act, the Registrar or a person empowered by him to be treated as Civil Court and as per section 124 of the said Act mandatory notice of 2 months is necessary for instituting the suit against Cooperative Society. Further, jurisdiction of this Forum is barred as per section 128 of the said Act. Lastly prayed for dismissal of complaint being no deficiency in service on the part of the OPs.

5.                     In support of his, counsel for the complainant tendered into evidence short affidavit of complainants as Annexure CW/A and documents such as Authority letter of the OPs as Annexure C-1, Photo copy of account statement w.e.f. March 1997 to March 2007 of OP No.1 as Annexure C-2, Photo copy of scheme as Annexure C-3 and C-4 and closed the evidence on behalf of complainants.

6.                       On the other hand, counsel for the OP No.1 tendered into evidence attested copy of account statement as Annexure R-1 and closed the evidence on behalf of OP No.1.

7.                     Counsel for the OP No.2 also tendered into evidence computer generated account statement as annexure RW2/1 and closed the evidence on behalf of OP No.2.

8.                     We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file very minutely and carefully.

9.                     Learned counsel for the complainant argued at length that the OPs have not issued NOC  and not returned the original documents despite repayment of the loan amount and further argued that as per scheme of the Haryana Government (Annexure C-3 and C-4), the complainants had deposited the entire amount with the OPs, so, the complainants are entitled to get NOC as well as to receive the original documents from the OPs.

10.                   On the other hand, counsel for the OPs hotly argued at length that complainants had not deposited even a single penny on 30.03.2007, as alleged in the complaint. The complainants have deposited the total amount of Rs. 2,12,696.42 which is evident from the account statement Annexure R-2/1 and a huge amount of Rs. 5,21,666.83 is still outstanding against the complainants. Learned counsel for the OPs further argued that complaint of the complainants is not maintainable as the same is barred by the provision of section 102, 112, 124 and 128 of the Haryana Cooperative Societies Act and lastly prayed for dismissal of complaint.

11.                   After hearing both the parties, we are of the considered view that there is no merit in the present complaint of the complainants as the complainants have totally failed to prove that he had paid the loan amount as per Haryana Government Scheme. Even, the complainants have not produced any receipt bearing No. 29613 dated 30.03.2007 vide which the complainants deposited the double of the said amount as per scheme. Further, the complainants had not issued two months mandatory notice to the OPs before filing the present complaint as provided under section 124 of the said Act and without serving two months’ notice, no suit shall be instituted against the Cooperative Societies or any of its officer in respect of any act touching the business of Society. Even, the jurisdiction of this Forum is barred under section 128 of the said Act. Furthermore, as per section112 of the said Act the Registrar, or the persons empowered by him to be treated as Civil Court. Further, the complaint of the complainant is also hopelessly time barred as the complainant had obtained the loan in the year 1997 and as per their own version they repaid the loan amount on 30.03.2007 as per Haryana Government Scheme but the present complaint has been filed on 06.09.2012 after more than a period of 5 years and as per section 24(a) of the Consumer Protection Act the present complaint is barred by limitation.

12.                   Resultantly, in the circumstances noted above, the complaint of the complainants is totally without merit, without jurisdiction and barred by limitation, hence, the same is hereby dismissed with no order as to costs. 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: 11.07.2016.

                                                                                                                                                                                                                                                                                    (ASHOK KUMAR GARG)

                                                                                                PRESIDENT

 

                                               

                                                                                                (S.C.SHARMA   )

                                                                                                MEMBER