Haryana

Charkhi Dadri

CC/228/2021

Chand Singh - Complainant(s)

Versus

Sector Manager, Sahara India Cooperative Society Ltd - Opp.Party(s)

Sh. Naveen Maratha

28 Feb 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                          Complaint Case No. 228 of 2021

                                                         Date of Institution: 6.9.2021

                                                          Date of Decision: 28.2.2023.

 

Chand Singh aged 50 years son of Sh. Mange Ram, resident of village Dhalanwas, Sehlenga, District Jhajjar.

                                                                   ….Complainant.

Versus

1. Sector Manager, Sahara India Cooperative Society Limited, near Rose Garden, above Dr. Goyal Dental Clinic, Charkhi Dadri, Tehsil and District Charkhi Dadri.
2. Sahara Credit Cooperative Society Limited, Regd. Office Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024, through authorized signatory MD/CEO.

 

•  

 

                   COMPLAINT UNDER THE

                   CONSUMER PROTECTION ACT.

 

Before: -     Hon’ble Sh. Manjit Singh Naryal, President

                Hon’ble Ms. Shashi Kiran Panwar, Member.

 

Present:      Sh. Naveen Sharma, Adv. for complainant.

                   Sh. Manoj Kumar Adv. for OPs.

 

ORDER:-

 

                MANJIT SINGH NARYAL, PRESIDENT

 

                  Chand Singh (hereinafter referred to as “the complainant”) has filed the present complaint against the opposite parties (hereinafter referred to as “the OPs) with the averments that the complainant had deposited an amount of Rs. 48,947/-with the OPs on 26.3.2018 for a period of 18 months under Sahara Special Fix Scheme and for this purpose, the OPs issued certificate bearing No. 78700488597 for maturity value of Rs. 57,317/-on 26.9.2019. It is averred that the complainant is entitled for total maturity amount of Rs. 57,317/-after the maturity period of said certificate/FD. But it is averred that the OPs failed to pay the said maturity amount to the complainant despite completion of entire required formalities for payment of maturity amount by the complainant.  It is prayed by the complainant that the OPs be directed to pay the maturity amount of certificate i.e. Rs. 57,317/-along with interest, compensation and the litigation expenses besides any other relief which this Commission may found deem fit and proper.

2.          Upon notice, the OPs appeared and filed their written statement stating that the OPs are the multipurpose cooperative society duly registered under the Multi State Cooperative Society Act, 2002 and the opposite parties are not collecting the funds from the general public for the purpose of investment, rather the members of the society made contribution to the society and the payment if any the same was strictly payable as per terms and conditions of the contribution. It is averred that the complainant never approached to the OPs for the amount which he has claimed. The complainant has no right to claim against the terms of agreement. It is averred that the complainant is not entitled to get any relief from the Hon’ble Commission and accordingly, dismissal of complaint been sought by the OPs.

3.            In the evidence, the counsel for complainant tendered affidavit as Ex. CW-1/A and document Ex. C-1 and closed the evidence on 21.2.2023.

              On the other hand, the counsel for OPs requested to read the written statement as their evidence also and closed the evidence on behalf of OPs on 21.2.2023.

4.             We have heard the arguments of learned counsel for both the parties and have gone through the entire evidence placed on record by the parties very carefully and minutely.

        During the course of arguments, the learned counsel of complainant reiterated the contents of complaint filed by the complainant and the learned counsel for the OPs reiterated the contents of their written statement and drawn the attention of this Commission towards the documents so placed on record by the parties.

5.         We have observed that in the present complaint, the complainant by filing his affidavit (Ex. CW-1/A), has corroborated the contents of his complaint as true and correct and further placed on record certificate No. 787000488597 (Ex. C-1) issued under Sahara Special Fix Scheme for 18 months. On perusal of aforementioned certificate (Ex. C-1), we have observed that the amount of Rs. 48,947/- has been found deposited in the name of complainant under the said scheme for 18 months and on the said short term certificate/FD (Ex. C-1), the maturity date as 26.9.2019 and the maturity amount payable as Rs. 57,317/- is mentioned.

6.                From the unrebutted evidence of complainant produced in the form of certificate (Ex. C-1) and corroborated by affidavit (Ex. CW-1/A) filed by complainant, it is established that by not refunding the deposited amount on maturity date of the said scheme to the complainant, the OPs seems to have acted in a deficient and negligent manner towards the complainant in not paying the maturity amount under the terms and conditions of the said scheme, so introduced by them (OPs).

7.                In the result, we hereby direct the OPs to pay the said maturity amount of Rs. 57,317/- (as mentioned on certificate Ex. C-1) to the complainant along with 9% p.a. rate of interest from the date of final maturity of said certificate i.e. 26.9.2019, till its final payment.

8.          The OP is also directed to pay a sum of Rs. 5000/-(Rupees Five Thousand Only) on account of mental agony, harassment etc. and Rs. 5000/-(Rupees Five Thousand Only) as litigation expenses to the complainant. The present complaint stands allowed in the manner as indicated above.

9.           The above order be complied within 45 days from the date of receiving the copy of this order.

10.              Certified copies of order be supplied to the parties free of costs.

11.              File be consigned after due compliance.

 

Announced.

Dated: - 28.2.2023