| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 385 of 16.9.2019 Decided on: 17.6.2021 Mandeep Kumar, aged about 31 years son of Sh.Jagdish Kumar, resident of H.No.20-G, Gobind Nagar, Model Town, Patiala. …………...Complainant Versus The Malwa Rural T&S Cum Credit Co-Operative Society Ltd., Sai Market, Patiala through its Branch Manager. …………Opposite Party Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Vinod Kumar Gulati, Member Sh.Y.S.Matta, Member ARGUED BY Sh.K.S.Ablowal,counsel for complainant. Opposite party ex-parte. ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Mandeep Kumar (hereinafter referred to as the complainant) against The Malwa Rural T&S Cum Credit Co operative Society Ltd.(hereinafter referred to as the OP/s) under the Consumer Protection Act.
- Briefly the case of the complainant is that he purchased the membership of 12 months plan from the OP society vide membership No.M-16480 and deposited Rs.72000/- on 8.3.2018 to be matured on 8.3.2019 with the maturity value of Rs.75815/-.It is averred that on 29.3.2019, the complainant approached the OP with the request to make the payment but the OP delayed the matter and after repeated requests, the OP issued cheque No.004500 dated 8.4.2019 of Rs.75330/- of Patiala Central Coop Bank Ltd., Mall Road Branch Patiala. The complainant presented the cheque with his banker IDBI Bank Ltd. but the same was dishonoured vide memo dated 9.4.2019 with remarks “funds insufficient”. At this the complainant against approached the OP and requests for the payment of the amount. The OP paid Rs.40,000/- on 22.4.2019, Rs.20,000/- on 7.6.2019 and also issued a cheque No.030483 dated 28.7.2019 of Rs.15420/-.The complainant presented the cheque with his banker but the same was dishonoured vide memo dated 30.7.2019 with the remarks “funds insufficient”. Again the complainant approached the OP and requested for the payment of the amount but the OP flatly refused to make the payment. The complainant also got served a legal notice dated 3.8.2019 upon the OP for the payment of Rs.15420/- but to no effect.
- It is further averred that due to dishonouring of the cheque the complainant also availed separate remedy by filing complaint U/s 138 of Negotiable Instruments Act before the court of Judicial Magistrate, Ist Class, Patiala which is pending for adjudication. The non payment of amount of Rs.15420/- by the OP amounts to deficiency in service on its part, which caused mental agony and harassment to the complainant. Hence this complaint with the prayer to accept the same by giving direction to the OP to make the payment of Rs.15420/- and also to pay compensation of Rs.2,00,000/- for causing mental agony and harassment alongwith interest @18% per annum from 8.3.2018 till realization.
- Notice of the complaint was duly served upon the OP but it did not come present to contest the same and the OP was accordingly proceeded against ex-parte vide order dated 12.12.2019.
- In support of the complaint, the ld. counsel for the complainant has tendered in evidence ,Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C7 and closed the evidence. The complainant has also filed the written arguments.
- We have gone through the written arguments filed by the complainant, heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
- The ld. counsel for the complainant has argued that the complainant has purchased membership of 12 months and he deposited Rs.72000/- on 8.3.2018 with the OP which was to be matured on 8.3.2019.The ld. counsel further argued that on 29.3.2019, the complainant approached the OP to make the payment but the payment was not made. The ld. counsel further argued that after that cheque was issued which was dishounoured and the complainant availed the remedy after filing complaint under Section 138 of the Negotiable Instrument Act.
- To prove this case, the complainant tendered his affidavit, Ex.CA and he has deposed as per his complaint; Ex.C1 is the cheque issued by the OP, Ex.C2 is dishonouring Memo, Ex.C3 is cheque, Ex.C4 is dishonouring memo and Ex.C5 is the legal notice issued to the OP. In the present case, as per the allegations of the complainant, he has purchased membership of 12 months from the OP vide membership No.M-16480 and he deposited Rs.72000/- on 8.3.2018 which was to be matured on 8.3.2019. It is further stated that on 29.3.2019 he approached the OP and requested for payment and cheque was issued by the OP which was bounced and as per the complainant he has availed the remedy by filing complaint under Section 138 of the Negotiable Instrument Act before the Ld. JMIC, Patiala. So it is clear that already the complainant has opted one side of litigation as he has filed complaint under Section 138 of Negotiable Instrument Act against the OP. Even otherwise as per Section 84 of Society Act,2002, this dispute is to be referred to Arbitrator and same shall be decided by the arbitrator to be appointed by the Central Registrar.
- So due to our above discussion, as the complainant has availed the remedy of Section 138 Negotiable Instrument Act, so he can approach the arbitrator through Registrar of State Co Operative Society for resolving the issue .As this Commission has no jurisdiction, so the complaint is dismissed accordingly with no order as to costs.
ANNOUNCED DATED:17.6.2021 Y.S.Matta Vinod Kumar Gulati Jasjit Singh Bhinder Member Member President | |
