District Consumer Disputes RedressalCommission ,Faridabad.

Consumer Complaint  No.598/2019.

 Date of Institution: 06.12.2019.

Date of Order:10.08.2022.

Avijit Singh aged about 30 years son of Shri Nagender Kumar Singh Bhadauria, r/o flat NO. 1104, tower-H, BPTP Princess Park, Sector-86, Faridabad – 121006.

                                                                   …….Complainant……..

                                                Versus

1.                The Managing Director, M/s. Sahara Credit Co-operative Society Ltd., Regd. Office at Sahara India Bhawan, 1, Kapoorthla Complex , Aliganj, Lucknow,– 226 024 .

2.                M/s. Sahara Credit Co-operative Society Ltd., 124/9, D-Block, Main Road, Govind Nagar, Kanpur – 208 006.

                                                                    …Opposite parties……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            AmitArora……………..President

Mukesh Sharma…………Member.

PRESENT:                    Sh. Deepak Sharma, counsel for the Complainant.

                             Sh. Bhudutt Kaushik, counsel for opposite parties.

ORDER:

                             The facts in brief of the complaint are that the complainant had deposited an amount of Rs.1,00,000/- in opposite party deposited scheme through Mr. Suresh Kumar Gupta (code No. 172610293) against which the opposite party had issued a receipt No. 80575963746, certificate No. 925002895418 and membership No. 17261600584 for a period of 18 months from 13.04.2016 and the same was matured on 13.10.2017 amounting to Rs.1,16,300/-.  The complainant visited the opposite party to ask his matured fixed deposit amount but the opposite party company told the complainant that opposite party were facing from financial hardship and assured to make the payment of the said amount after some time.  The opposite party had withheld the amount of the complainant in a negligent and illegal manner and had failed to provide the sufficient services of refunding the amount after its maturity. The complainant visited the opposite party continuously for his payment for the last two years and also requested over telephone but the opposite party avoided to the legitimate requests of the complainant onone pretext or the other and were continuously making false assurances to refund the said amount.  The complainant sent a legal notice dated 21.05.209  through registered AD to opposite party but all in vain.The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite parties to:

I)                 pay a the maturity amount of Rs1,16,300/- alongiwth interest @ 24%  at the time of maturity till decision of the case. 

II)                compensation together with expenses incurred by the complainant which this Hon’ble Court may deems fit and proper may also be awarded in favour of the complainant as envisaged under Consumer Act.

2.                Opposite parties  put in appearance through counsel and filed written statement wherein Opposite parties refuted claim of the complainant and submitted

that  the complainant became member of Sahara Credit Co-operative society at its sector Office Kanpur which situated at Proper Kanpur. Being a member of society he had choosen Sahara A select and opened account at sector office Govind Nagar Kanpur for  which he had submitted application at the said office.  As such agreement entered and consideration was passed between the parties at Govind Nagar Kanpur.  The documents related with the matters were at the said branch office – Kanpur.  Thus if any cause of action with regard to the accounts had arisen the same was at Kanpur. It was pertinent to mention that district forum – Kanpur only had territorial jurisdiction over all the disputes which arises in district – Kanpur related to this count which had been opened at the sector office, Govind Nagar Kanpur.  Thus District forum – Kanpur had only territorial jurisdiction for any disputes regarding above account s.  No cause of action or part had arisen under territorial jurisdiction of district Forum, Faridabad Hon’ble district forum – Faridabad had no territorial jurisdiction to entertain the present complaint.  The complainant who was a member of the society had any grievance or dispute with the society, the complainant was bound to refer his dispute before Arbitrator as per arbitration agreement under clause:11 of the scheme Sahara Credit co-operative society Limited, which was reproduced herein as under:

“ Clause11. Arbitration:-

          All dispute between society and member, the same shall be subject to arbitration as per provisions of s.84 of the” Multi State Co – operative society Act, 2002 as amended from time to time.”

 Opposite parties  denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.

3.                The parties led evidence in support of their respective versions.

4.                 We have heard learned counsel for the parties and have gone through the record on the file.

5.                In this case the complaint was filed by the complainant against opposite parties – Sahara Credit Co-operative Society Limited &Ors with the prayer to:I)  pay a the maturity amount of Rs1,16,300/- alongwith interest @ 24%  at the time of maturity till decision of the case. 

II)                compensation together with expenses incurred by the complainant which this Hon’ble Court may deems fit and proper may also be awarded in favour of the complainant as envisaged under Consumer Act.

                   To establish his case the complainant  has led in his evidence Ex.CW1/A – affidavit ofAvijit Singh. Legal notice, postal receipt ,receipt No. 80575963746, receipt dated 13.04.2016, Adhar card.

On the other hand counsel for the opposite party strongly agitated and

opposed.  As per the evidence of the opposite party Ex. RW1/A – affidavit of opposite party

6.                It is evident from  receipt in which  the complainant deposited a sum of Rs.1,00,000/- in the opposite party deposit scheme through Mr. Suresh Kumar (code No. 172610293) against which the opposite party issued a receipt No. 80575963746, certificate No. 925002895418 and membership No. 17261600584 for a period of 18 months from 13.04.2016 and the same was matured on 13.10.2017 amounting to Rs.1,16,300/-. The complainant visited the opposite party to ask his matured fixed deposit amount but the opposite did not pay the same  to the complainant.

7.                          After going through the evidence led by the complainant, the Commission is of the opinion that the complaint is allowed. Opposite parties Nos.1& 2, jointly & severally, are directed to:

a)                          pay  the maturity amount of Rs. 1,16,300/- alongwith interest @ 9% p.a. from the date of maturity till its actual payment.

b)                          pay Rs.2200/- as compensation for causing mental agony and harassment.

c)                          pay Rs.2200/- as litigation expenses.

Compliance of this order  be made within 30 days from the date of receipt of copy of this order.  Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.

Announced on: 10.08.2022.                                 (Amit Arora)

                                                                                  President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                (Mukesh Sharma)

                Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.