BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint Case no.339 of 2019
Date of Institution: 27.06.2019
Date of Decision: 05.03.2020.
Smt. Reetu Singla, aged 39 years wife of Bhupender Singla son of Shri Amarnath Singla, resident of Court Colony, near Jaggi Ki Diary, Sirsa. ………Complainant.
Versus
- The Manager, Sahara Q Shop Unique Products Range Limited, Sahara India Bhawan, situated at Near Main State Bank of India/ Jyani Hospital, Sirsa, District Sirsa.
- The Managing Director, Sahara Q Shop Unique Products, Range Limited, Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow- 226024 (Uttar Pradesh).
……… Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SH. R.L.AHUJA ………………. PRESIDENT
MRS.SUKHDEEP KAUR……………MEMBER
Present: Sh. K.J. Singla, Advocate for complainant.
Sh. J.S. Sidhu, Advocate for opposite parties.
ORDER
In brief, case of complainant is that complainant purchased policy from opposite parties on 30.7.2012 vide receipt No. 71010888857 through Mr. Jagat Narayan Mehta agent of ops’ company by paying amount of Rs.55,000/-. The above said policy was purchased by complainant at Sirsa, whereas head office of company is situated at Lucknow (U.P.). That it was assured by ops that on maturity, above said amount would be released in favour of complainant alongwith interest and other benefits of above said policy. It is further averred that on maturity of the policy on 31.7.2018, complainant visited the office of op no.1 several times with the request to release the amount of maturity of the policy which has been mentioned on the back side of the policy but ops did not pay any amount and officials of op no.1 did not care about request of complainant and have not paid amount of above said policy till date. That complainant is legally entitled to recover the above said amount from ops alongwith interest thereon as policy has already been matured, but ops are not ready to release the maturity amount. The complainant also got served a legal notice upon ops on 26.4.2019 but to no effect. That act and conduct of ops comes under the ambit of deficiency in service as well as unfair trade practice due to which complainant is suffering recurring financial losses till today and also suffering harassment. Hence, this complaint.
2. On notice, Opposite parties appeared and filed written statement raising certain preliminary objections that complainant has not approached this Forum with clean hands and that if the complainant who is a member of the society has any grievance or dispute with the society, she is bound to refer the dispute before Arbitrator as per Arbitration agreement under clause 18 of the scheme super AB. It is further submitted that complainant has wrongly alleged that she was allured to make the investment in the company and she was promised to return the amount after completion of six years with agreed amount, whereas under Q shop plan- H scheme, the complainant has to purchase the products of Sahara Q Shop Unique Products Range Limited Company and as per terms and conditions of the scheme, there is no provision of payment of pre-maturity or maturity. As per clause-2 of scheme, no interest is payable over the advance amount. As per terms and conditions during the tenure of the scheme, the customer can get loyalty bonus points on the purchase of the products of the company. Q shop scheme is not a policy or fixed deposit scheme. The complainant did not make advance to get the interest over the same, rather he had advanced to purchase the products. The claim of the complainant is against the terms of the agreement. The answering ops and complainant are bound by the terms of contract entered between both the parties. It is further submitted that complaint is bad for mis joinder of necessary parties as the complainant arrayed Sahara India Limited as op no.1 whereas op no.1 has no concern with the alleged party “Sahara India” and no complaint is maintainable against the company through Sahara India Real Estate Corporation Limited. Further, the present concerned issue related to Q shop and op no.1 deals with real estate. On merits, while reiterating the above said pleas, it is submitted that complainant approached the ops and after understanding the terms and conditions, she deposited advance of Rs. 55,000/- in Q-shop Goods Plan-H. There is no provision of pre-maturity or maturity payment under the terms and conditions of the scheme and no interest is payable over advance amount. Further, the tenure of the scheme is six years and before completion of tenure no relief can be claimed against the advance amount or balance advance amount. The complainant has agreed to purchase the complete range of goods of the company chosen from brochures, which includes complete range of Food products, processed food and beverages, personal care, home care, hospitality products, general merchandise, gold/ gold jewelry, diamond/ diamond jewelry, handicrafts products and multi brand goods. The receipt of said advance amount alongwith booklet containing the details of consumer goods, the product code, sale price and loyalty bonus points on purchase value was handed over to complainant. It is further submitted that as per plan-H during the tenure of the scheme, the customer is entitled to get the benefit of loyalty bonus points as per terms and conditions of the scheme on purchase of products. All other contents of complaint are also denied and prayer for dismissal of complaint made.
3. The complainant led her evidence. Ld. counsel for ops suffered a statement that written statement filed by ops be read as evidence.
4. We have heard learned counsel for parties and have gone through the record carefully.
5. The complainant in order to prove her complaint has furnished her affidavit Ex.PW1/A in which she has deposed and reiterated all the averments made in the complaint. She has also furnished copy of receipt dated 30.7.2012 Ex.C1, Ex.C2, postal receipts Ex. C3, Ex.C4, copy of legal notice Ex.C5.
6. On the other hand, ops have not tendered any evidence except tendering of their written statement in evidence.
7. It is undisputed fact that complainant had deposited a sum of Rs.55,000/- with the opposite parties on 30.7.2012 vide receipt Ex.C1 which was to be matured after 72 months. During the course of arguments, learned counsel for ops has strongly contended that as per terms and conditions of the policy of the company, complainant is not entitled to file a consumer complaint rather she should approach and initiate proceedings under Cooperative law. On the other hand, learned counsel for complainant has contended since remedy provided under Section of the Consumer Protection Act, 1986 is an additional remedy, so complaint filed by present complainant is very much maintainable. No doubt, it is evident from this receipt that complainant has purchased some plan-H vide this receipt of Rs.55,000/- and there may be procedure for arbitration proceedings, but since arbitration proceeding has not been started by any of parties and moreover remedy provided under Section 3 of Consumer Protection Act is an additional remedy and complainant can opt for this remedy, so it cannot be presumed that present complaint is not maintainable.
8. The opposite parties have not placed on file any terms and conditions of the policy to show that this is not a maturity policy and complainant can only purchase products of the company under this scheme. Since, this deposit was to be matured after a period of 72 months which has already expired as this deposit was made on 30.7.2012 and as such complainant is entitled to the matured value of this amount of Rs.55,000/-. Non payment of this amount clearly amounts to deficiency of service and unfair trade practice on the part of ops.
9. In view of our above discussion, we allow this complaint and direct the opposite parties to pay the amount of fixed deposit to the complainant within a period of 30 days from the date of receipt of copy of this order, failing which complainant will be entitled to interest @7% per annum on the maturity amount from the date of order till actual payment. We further direct the ops to pay a sum of Rs.5000/- as composite compensation and litigation expenses to the complainant. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Pronounced in open Forum. Member President,
Dated: 05.03.2020. District Consumer Disputes
Redressal Forum, Sirsa.
