Date of filing:-18/01/2021                                                                                                                                                                                                    Date of Order/Judgement:-19/12/2022.                                         

                     DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION

B  A  R  G  A  R  H

CONSUMER COMPLAINT  NO. 13 OF  2021

Tirthabasi  Deheri, Son of Late Sahadeb Deheri, aged about 52 yers, Occupation. Cultivation, resident of Dablong, Po. Gopalpur, Ps/Tahasil. Bhatli, District. Bargarh

                                                                                   ….      ….     ...               Complainant.

-: V e r s u s :-

The Branch Manager, SAHARA INDIA, Sahara Q.Shop Unique Products, Range Limited Sahara India Bhavan, Kapoorthala Compled, Aliganj Shop Lucknow 226024 having its place of Business and a Branch office situated At. Bargarh, Po. Bargarh, Ps and District. Bargarh  768028.

                                                                                                      ...   .....       Opposite Party.

Counsel for the Parties:-

For the Complainant :-        :- Sri S. P. Mishra and  Associate.

For the Opposite Party:-     :-  Sri  Mahendra Pratap Singh.

                                                -: P  R  E  S  E  N  T :-

Smt. Jigeesha Mishra            .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agarwal             .....         .....       .....       .....       .....       M e m b e r (W).

Dt.19/12/2022.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Anju Agarwal,  Member (w) :-

1. The Case of the Complainant is that the Opposite party is a financial institution who deals with deposits of money of different persons who are its customers. That, being influenced by the principles of the financial institution of the Opposite party, the  Complainant had deposited money in the tune of Rs.15,450/-(Rupees fifteen thousand four hundred fifty) only on dt.03/09/2012 vide receipt No. 71016234552, to the tune of Rs.16,850/-(Rupees sixteen thousand eight hundred fifty) only on Dt.04/09/2012 vide receipt No. 71016234623, to the tune of Rs.14,950/-(Rupees fourteen thousand nine hundred fifty) only on Dt. 18/10/2012 vide receipt No. 71042112694 and money to the tune of Rs.14950/-/-(Rupees fourteen thousand nine hundred fifty) only on Dt. 19/10/2012 vide receipt No. 71042112705 sum totaling an amount of Rs.62,200/-(Rupees sixty two thousand two hundred) only in four times which are established and proved from the above money receipts granted and issued by the official executive. That, at the meantime the above money deposited by the Complainant at the Branch of the Opposite party attained its maturity, and he was entitled and eligible for availing the matured amount after its maturity from the Opposite Party, but the Opposite party remained silent. Then, at last on Dt.23/12/2020 the Complainant had also served a registered pleader notice upon the Opposite party requesting him to make payment of the matured amount but they committed non rendering of service and deficiency by Opposite party. Hence, the Complainant filed this Complaint before this Commission.
2. The Case of the Opposite party is that the Opposite Party is that the Opposite party filed written version submitting that the Complainant has deposited amount as a advance without submitting required  documents sum totally of amount Rs.62,200/-(Rupees sixty two thousand two hundred) principal amount. It has been pleaded that this Commission has no jurisdiction to entertain and try the present case  as the  Complaint  has already entered into  arbitration agreement with the Opposite Party. That, the Sahara Q Shap plan (H) is a commodity based business wing of the company for the marketing of the goods on the advanced deposit money. That the Complainant did not ask properly or in legal manner from concerned branch office and filed the case directly before this Commission. This present Complaint is based on false and baseless facts with in malafide intention and therefore liable to be dismissed.
3. Perused the documents filed by the parties and following issues are framed.

ISSUES:-

1. Whether the Complainant is a Consumer of the Opposite parties ?
2. Whether the Opposite parties are deficient in service ?
3. What relief the Complainant is entitled to get ?

Issue No.1:-

In this case the Complainant has deposited the money with the Opposite party and availed the service from the Opposite party. Hence the Complainant is entitled to get benefit from the above scheme.

                        The issue is answered accordingly.    

Issue No.2:-

            In this case the Opposite party is that a Q shop plan H is contractual in nature and investor cannot be treated as consumers, However we do not find any weight in this submission as it is not a dispute between members of the Company, infact it is a dispute with regard to deposit of amount under the scheme of the Opposite party for particular period and refund of same along with benefits. As such the same certainly amount rendering of service under the Act. There is an element of deficiency of service due to non performance of the contract, whereby service of the Opposite Party has been hired, by the Complainant.

Next coming to objection regarding arbitration, the same also needs rejection in view of findings given by larger bench of Honble National Commission in Aftab Singh Vs Emaar MGF Land Limited and another ( Consumer Case No. 701 of 2015  (DOD 13/07/2017) that an Arbitration clause in the Agreements between the parties cannot circumscribe the Jurisdiction of a Consumer Fora, which has been upheld by the Honble Supreme Court vide Order Dt.13/02/2018 in Civil Appeal bearing No. 23512, 23513 of 2017.

It is well admitted by the Opposite party in their written statement that the Complainant had paid Advance under the Scheme. However, they are not liable to pay the amount. So substantiate their stand, the Opposite party is alleging that the Complainant had agreed to certain terms and conditions of the Scheme but the stand taken by the Opposite party  deserves to be rejected on the ground that they failed to place on record any copy of the terms and conditions of the scheme.

            In the present case, the Complainant has deposited money of Rs. 62,200/-(Rupees sixty two thousand two hundred) only for a long period of 6 (six) years on which certainly the Complainant must avail the interest. The Complainant after the period of maturity contacted the Opposite Party and also served pleader notice but the Opposite party remained silent. This, proves deficiency in service on the part of Opposite Party.

Issue No.3:-

            For deficiency in service of Opposite Party the Complainant is harassed and suffered mental agony and entitled for relief.

            Accordingly it is ordered.

O R D E R

The Complaint is allowed against Opposite Party.  The Opposite Party to directed to refund Rs.62,200/- (Rupees sixty two thousand two hundred) only along with 7% interest from the date of maturity only to the Complainant within one month from the date of this Order, failing which the amount will carry 9% per annum till realization  further the Opposite Party is directed to pay Rs.50000/-(Rupees fifty thousand) only compensation  for harassment and mental agony and Rs.10000/-(Rupees ten thousand)  only for litigation expenses to the Complainant.

Order pronounced in open court on this 19^th day of December 2022.

            Supply free copies to the parties. 

       Typed to my dictation

                                                                                            and corrected by me.                                                                                           

                 I  agree/-                                                                       

       ( Smt. Jigeesha Mishra)                                                                  (Smt. Anju Agarwal)

              Dt.19/12/2022                                                                                  Dt.19/12/2022

              P r e s i d e n t                                                                                 M e m b e r (w)

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