DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                Complaint No.  58

                                                Instituted on:    07.02.2017

                                                Decided on:       12.06.2017

Raksinder Kaur aged about 60 years wife of Late Harbhagwan Sharma son of Shri Ram Sarup, resident of Krishna Colony, H.No.705/B, Near Haa Da Naara Gurudwara, Malerkotla, District Sangrur.

                                                        …Complainant

                                Versus

1.     SMD Infra Ventures Pvt. Ltd. 22B, Balaji Enclave, Lohgarh Road, Zirakpur-140603 Punjab, through its Managing Director/owner/Authorised signatory and Director Sandeep Jindal;

2.     Mohd. Mugni Usmani Director of SMD Infra Ventures Pvt. Ltd. Office, Lee Palaza, Near Jain Sweets, Malerkotla, District Sangrur;

3.     Sh. Jitinder Jain, Director, SMD Infra Ventures Pvt. Ltd. Office Back side, Main Post Office, Near Court Complex, Sangrur.
4.     Sh. Sandeep Jindal, Managing Director, SMD Infra Ventures Pvt. Ltd. Office Back Side, Main Post Office, Near Court complex, Sangrur.

5.     Mr. Tinkashver @ Tinku Jain son of Prem Jain, resident of Krishna Colony, Near  Haa Da Gurudwara, Malerkotla, District Sangrur (authorised agent of OP no.1 to 4).

6.     SMD Premier Thrift & Credit Co-operative Society Ltd. Head Office : Outside Sunami Gate, Above IDBI Bank, Sangrur 148 001 through its authorised signatory.

                                                        ..Opposite parties.

For the complainant  :       Shri Devinder Sharda, Adv.

For OPs No.1to4 & 6 :       Shri G.S.Shergill, Adv.

For OP No.5             :       Exparte.

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

                Vinod Kumar Gulati, Member

Order by : Sukhpal Singh Gill, President.

1.             Smt. Rakshinder Kaur, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that agent OP number 5 being the agent of OP number 1 to 4 approached the complainant in the year 2013 and allured to invest the money with the OP number 1 and as such the complainant invested an amount of Rs.1,20,000/- on 3.4.2013 under registration number SMD01295 with maturity date as 2.4.2016 and an amount of Rs.1,28,400/- was payable and further an amount of Rs.1,20,000/- was invested under registration number SMD01505 on 7.6.2013 which was payable on maturity to the tune of Rs.1,28,400/- on 6.6.2016 and over and above the OPs were to pay an amount of Rs.2000/- per month on the above said policies.

2.             It is further averred that OP number 6 is the sister concern of OP numbers 1 to 4 and as such the complainant opened an account bearing number SMDB00378437 and interest of the above said policies was to be deposited in this account, but the Ops number 1 to 4 paid only Rs.15,000/- by way of cheque to the complainant, but no other amount was paid.  Further case of the complainant is that the Ops also conducted a draw under which the complainant won the prize of the car and in lieu of the car, the Op number 1 to 5 issued a bond certificate number SMDP00813 in the name of the complainant on 29.12.2014 for Rs.1,75,000/- which was payable after one year as Rs.1,94,250/-, but the same was not paid.  Though the Ops entered an amount of Rs.2,32,675.82 in the passbook as on 3.8.2016, but the same was never paid to the complainant.  Thus, the complainant has prayed that though the Ops were liable to refund the amount, but the same was not refunded. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to pay to the complainant the amount under policy number SMD01295 to the tune of Rs.1,28,400/- plus Rs.36000/- along with interest from the due date i.e. 2.4.2016 till realisation and further an amount of Rs.1,28,400/- plus Rs.36,000/- under policy number SMD01505 along with interest from the due date i.e. 6.6.2016 till realization and further claimed an amount of Rs.1,94,250/- as maturity amount along with interest from 29.12.2015 till realisation and further claimed compensation and litigation expenses.

3.             Record shows that OP number 5 was proceeded exparte on 12.4.2017.

4.             In reply of the complaint filed by the Ops number 1 to 4 and 6, preliminary objections are taken up on the grounds that the complaint is false, frivolous, vague and vexatious in nature, that the complaint is not maintainable as the OP number 1 and OP number 6 are two separate entities, but the complainant filed the present complaint jointly, that the complainant is not the consumer, that the complainant has not come to the Forum with clean hands and that the complaint is not maintainable.  On merits,  it has been admitted that the complainant invested an amount of Rs.1,20,000/- each on 3.4.2013 and 7.6.2013 and issued bonds and as per the plan the Op number 1 was to pay Rs.1000/- per month under each bond to the complainant and the same was duly paid till the date of maturity and it has been further admitted that the projected value of the said amount was shown as Rs.1,28,400/-.   It has been averred that the OP number 6 is the separate entity and the complainant was the member and in a draw, the complainant won a prize of the car and as such prize money of Rs.1,75,000/- was converted into bonds as per the consent of the complainant.   It is further stated that the amount lying in his account can be withdrawn by the complainant. The other allegations levelled in the complaint have been denied.

5.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-6 affidavit and copies of documents and closed evidence. On the other hand, the learned counsel for the OPs has produced Ex.OP-1 to Ex.OP-2 copies of documents and affidavits and closed evidence.

6.             We have carefully perused the complaint, version of the opposite parties and evidence produced on the file and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits dismissal, for these reasons.

7.             It is an admitted fact that the complainant had invested the amount of Rs.1,20,000/- on 3.4.2013 with maturity date as 2.4.2016 and further invested an amount of Rs.1,20,000/- on 7.6.2013 with the maturity date as 6.6.2016 with the OP number 1 and further invested an amount of Rs.1,75,000/- with the OP number 6 on 29.12.2014 with the maturity date as 29.12.2015 whereby the Op number 6 was to pay an amount of Rs.1,94,250/-, which was not paid. 

8.             A bare perusal of the complaint reveals that the complainant has sought relief  in one complaint against the two entities, one of which is a private limited company and another is a Cooperative society, namely, SMD Infra Ventures Pvt. Ltd. And another SMD Premier Thrift & Credit Co-operative Society Limited, whereas the complainant should have filed separate complaints to get the relief and this objection has also been taken by the opposite parties number 1 to 4 & 6 in their joint written reply.  There is no explanation from the side of the complainant that why she filed the joint complaint against the opposite parties, whereas the relief claimed against them is separate one. It is worth mentioning here that the private limited company and cooperative societies are having separate rules and regulations.  As such, we feel that it is a fit case, where a direction is required to be given to the complainant to file separate complaints claiming relief thereof against the opposite parties.

9.             In view of our above discussion, we dismiss the complaint of the complainant. However, the complainant is at liberty to file a fresh separate complaints against the opposite parties, if she so desired. A copy of this order be issued to the parties free of cost. File be consigned to records.

                        Pronounced.

                        June 12, 2017.

                                                        (Sukhpal Singh Gill)

                                                                President

                                                                (Sarita Garg)

                                                                    Member

                                                        (Vinod Kumar Gulati)

                                                                    Member