BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Narinder Kaur wife of Sh. Avtar Singh resident of House No.273/5, Garg Colony, Near Chajumajri, Old Rajpura.

….…Complainant

                           V E R S U S

1.      The Chandigarh S.B.O.P. Employees Co-operative U.S.E. Thrift & Credit Society Ltd., through its President/Secretary c/o House No.163, Gali No.6, Shanti Nagar, Manimajra, U.T., Chandigarh through its Secretary.

2.      The Secretary, The Chandigarh S.B.O.P. Employees Co-operative U.S.E. Thrift & Credit Society, resident of H.No.51, Sector 10, Panchkula.

                                  ..…Opposite Parties

CORAM:  SH.JAGROOP SINGH MAHAL        PRESIDENT

              DR.(MRS) MADHU BEHL       MEMBER

Argued by: Sh. Sandeep Bhardwaj, Adv. for complainant.

Sh. Dinesh Chaudhary, Adv. for OPs.

PER SHRI JAGROOP SINGH MAHAL, PRESIDENT

              By this common order we propose to dispose of the following four connected consumer complaints in which common questions of law and facts arise :-

1)      Consumer Complaint No.1114 of 2009-Narinder Kaur Vs. The Chandigarh S.B.O.P. Employees Co-operative U.S.E Thrift & Credit Society Ltd. & Anr.

2)      Consumer Complaint No.1115 of 2009-Avtar Singh Saini Vs. The Chandigarh S.B.O.P. Employees Co-operative U.S.E Thrift & Credit Society Ltd. & Anr.

3)      Consumer Complaint No.1116 of 2009-Randhir Singh Vs. The Chandigarh S.B.O.P. Employees Co-operative U.S.E Thrift & Credit Society Ltd. & Anr.

4)      Consumer Complaint No.1117 of 2009-Jagjit Kaur Saini Vs. The Chandigarh S.B.O.P. Employees Co-operative U.S.E Thrift & Credit Society Ltd. & Anr.

2.             The facts may be taken from Consumer Complaint No.1114 of 2009-Narinder Kaur Vs. The Chandigarh S.B.O.P.

Employees Co-operative U.S.E Thrift & Credit Society Ltd. & Anr.

3.             Succinctly put, being allured by the assurances of the OPs of higher rate of interest @ 12% per annum, the complainant on 11.6.2006 deposited an amount of Rs.55,944/-  with the OPs in FDR having maturity of 11.6.2007.  When upon maturity she contacted the OPs, she was persuaded  by them to re-deposit the same.  She accordingly deposited the same in fresh FDR for a period of 24 months having maturity of 11.6.2009.  Upon maturity when she contacted the office of the OPs she did not get positive response, therefore, she sent a legal notice dated 27.6.2009 but to no avail.  Hence this complaint alleging that the aforesaid acts of the OPs amount to deficiency in service and unfair trade practice.

4.             In their written reply the OPs took some usual preliminary objections.  The deposit of the amount by the complainant in the FDR  and subsequent re-deposit is not disputed.  It has been denied that the complainant ever approached the OPs for payment of the maturity  amount.  It has been admitted that after maturity of two years, the complainant was asked to come after few days due to lack of funds.  The service of legal notice dated 27.6.2009 has been denied.  It has been pleaded that complainant was informed that many loanee members were not paying the outstanding amount against them and that the society/OP-1 has filed many cases against them and after recovery the society/OP-1 would pay the amount to the complainant as the answering OPs are ready to make the payment to all the investor members but they have no funds.  Pleading that there has been no deficiency in service or unfair trade practice on their part prayer for dismissal of the complaint has been made. 

5.             Parties led evidence in support of their contentions.

6.             We have heard the Learned Counsel for the parties and have also perused the record. 

7.             The OP has admitted that the complainant deposited the amount in question in the shape of FDR with them and they were liable to pay interest as claimed by the complainant.  It is also admitted that the said FDR was renewed and the date of maturity was 11.06.09.  It is also admitted that the complainant demanded the payment of the said amount but they were unable to pay the same, as some of the member loanees had not repaid the amount advanced to them. According to the OPs they are making efforts to recover the amount of loan from those other members and when ever it is recovered, the payment thereof would be made to the complainant.  In this manner the entire claim raised by the complainant has been admitted.  The mere fact that the amount deposited by the complainant and others was advanced as loan by the OP to its members who are not returning the said amount is no justification, not to refund the amount to the complainant.

8.             We are of the opinion that the present complaint must succeed and the same is accordingly allowed.  The OPs are directed to pay the amount of Rs.78,599/- alongwith interest @12% p.a. with effect from 12.06.09 till its payment to the complainant alongwith litigation costs of Rs.5,000/- within 30 days from the receipt of the copy of this order. 

9.             Consumer Complaint No.1115 of 2009

              The OPs are directed to pay the amount of Rs.1,57,198/- alongwith interest @12% p.a. with effect from 12.06.09 till its payment to the complainant alongwith litigation costs of Rs.5,000/- within 30 days from the receipt of the copy of this order. 

10.         Consumer Complaint No.1116 of 2009

              The OPs are directed to pay the amount of Rs.78,599/- alongwith interest @12% p.a. with effect from 12.06.09 till its payment to the complainant alongwith litigation costs of Rs.5,000/- within 30 days from the receipt of the copy of this order.

11.          Consumer Complaint No.1117 of 2009

              The OPs are directed to pay the amount of Rs.1,42,269/- alongwith interest @12% p.a. with effect from 12.06.09 till its payment to the complainant alongwith litigation costs of Rs.5,000/- within 30 days from the receipt of the copy of this order. 

12.          Since interest is being allowed on the amount withheld by the OPs in each complaint, the complainants would not be entitled to compensation towards mental agony and harassment.

              Certified copies of this order be sent to the parties free of charge.  The file be consigned.