BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.              

                                                          Consumer Complaint no. 111 of 2022.                                                                  

                                                              Date of Institution :    04.02.2022.

                                                          Date of Decision   :    04.06.2024.

Malkit Singh son of Sh. Mehal Singh, resident of village Dhani Partap Singh, Post Office Maujdeen, Firozabad, Tehsil and District Sirsa.

                                ……Complainant.

                             Versus.

1.  The Sirsa Primary Agriculture Society Bank, Ltd. Village Ottu, Tehsil and District Sirsa (Haryana).

2. Mr. Mohinder Pal, Retd. Manager, The Sirsa Primary Agriculture Society Bank Ltd. Village Ottu, Tehsil and District Sirsa (Haryana).

3. Mr. Gurdev Singh Gunman, The Sirsa Primary Agriculture Society Bank, Ltd. Village Ottu, Tehsil and District Sirsa (Haryana).

4. Mr. Bhagirath Cashier, The Sirsa Primary Agriculture Society Bank, Ltd. Village Ottu, Tehsil and District Sirsa (Haryana).

5. Mr. Harbans Salesman, The Sirsa Primary Agriculture Society Bank, Ltd. Village Ottu, Tehsil and District Sirsa (Haryana).

6. Mr. Mohinder Salesman, The Sirsa Primary Agriculture Society Bank, Ltd. Village Ottu, Tehsil and District Sirsa (Haryana).

                                                                   ...…Opposite parties.

            Complaint under Section 12 of the Consumer Protection Act,1986.

Before:       SH. PADAM SINGH THAKUR……………………PRESIDENT                   

             MRS.SUKHDEEP KAUR……………………….MEMBER.                                    

              SH. OM PARKASH TUTEJA……………………MEMBER

Present:       Sh. Ravinder Monga, Advocate for complainant.

                   Opposite parties already exparte.

ORDER

                   The complainant has filed the present complaint under the provisions of the Consumer Protection Act against the opposite parties (hereinafter referred to as Ops).

2.                In brief, the case of the complainant is that complainant is an agriculturist by profession. The ops no.2 to 6 are/ were employees of op no.1. That being an agriculturist, complainant is the member of the Sirsa Primary Agriculture Society Bank, Ltd. village Ottu, Tehsil and District Sirsa and his membership number is 10448 with the above said Society and he has a Kisan Credit Card and he had taken loan from the above society. It is further averred that land of complainant is situated in the area of Ghaghar river and due to flood in his fields he could not pay the interest on his loan amount of the Society. The op no.2 called upon complainant and asked him to pay the interest amount and complainant asked him that he will pay the interest after some days. That on 31.08.2019 under the Haryana Govt. Scheme, the loan interest was waived by the Govt. to the agriculturists but complainant was not aware about this Govt. scheme and op no.2 being Manager of the above said Society deliberately and with malafide intention did not adjust/ waive the interest of loan of complainant under the above said Govt. and he had called complainant and asked him to pay the interest and ops took an amount of Rs.80,000/- from complainant under the garb of due interest. It is further averred that later on complainant came to know about the above said Govt. scheme and he went to op no.1 and agitated this matter with op no.1 and at that time above ops no.3 to 6 were also present and all the ops with malafide intention asked complainant that Govt. scheme could not apply on his case. The op no.1 took an amount of Rs.6000/- as bribe from complainant and asked him that within a week he will try to adjust his interest under the scheme but later on op no.1 had not adjusted his loan interest under the scheme and then complainant went to the office of General Manager of Sirsa Primary Co-op Society and complainant asked the op no.2 on the phone to waive the interest amount of Rs.40,000/- of complainant but op no.1 did not follow the orders of General Manager. It is further averred that later on complainant went to the office where ops no.3 to 6 were also present and complainant requested the op no.2 Manager to follow the orders of General Manager and to waive the interest of Rs.40,000/- but instead of waiving off the interest all the ops threatened complainant that why he visited to the GM Office and all the ops asked in a same tune with the op no.1 that they will not waive a single penny of interest and he may do whatever he wants. The complainant agitated the matter with the ops and then all the ops asked the op no.3 Gunman to oust him from office and on this op no.3 ousted him by pushing by using force upon him in presence of many persons present there including one Bachan Singh son of Hukam Singh who asked all the ops not to misbehave with complainant and in this way all the ops defamed complainant before public at large. It is further averred that later on 11.12.2021 in the office of Society complainant came to take Fertilizer for his fields but ops no.2 and 3 did not provide him fertilizer deliberately and they again used filthy language against him. That now complainant also came to know that ops have also taken Rs.18,000/- i.e. insurance amount from his account which had come to his bank account for the damages of crops and they misused the blank cheques of complainant of Indian Overseas Bank Sirsa bearing account no. 140701000011743 which were lying in the Society office as a security and took money from complainant’s account and in this way all the ops have done cheating as well as forgery with complainant in the broad day light. It is further averred that in this way complainant is being harassed by ops and due to their above said act and conduct, he has also suffered mental tension and agony and has suffered great monetary loss and defamation. The complainant had requested many times to the ops’ office as well as to the complaint centres of ops to enquire the matter and to do needful as per policy but ops’ concern did not pay any heed to his said requests and they are totally deficient in services. That false notice was issued by the bank of ops and complainant had replied the same on 16.01.2021 through his counsel and feeling aggrieved with the act of ops the complainant moved a complaint to the Hon’ble C.M. Haryana and S.P. Sirsa on 12.11.2021 and complainant also got issued a legal notice dated 20.12.2021 to the ops but to no effect. Hence, this complaint seeking direction to the ops to make refund of Rs.18,000/- with interest at the rate of @24% per annum from the date of payment till realization and also to pay a sum of Rs. one lac as compensation and also litigation expenses.

3.                On notice, Sirsa Central Co-op Bank Limited Branch Ottu appeared through counsel and moved an application for issuing of process against ops no.1 to 6 submitting therein that notice of ops no1. To 6 have been served upon the applicant through the Peon of Bank, however, applicant has no concern or any connection with ops no.1 to 6 and therefore notice is liable to be issued to the concerned authority. It is pertinent to mention here that notices were sent to the ops through registered letters and as per delivery reports same were delivered to the ops. However, as ops failed to appear despite delivery of notices sent through registered covers as such ops were proceeded against exparte.

4.                The complainant in evidence has tendered his affidavit Ex. CW1/A and copies of documents i.e. action aken report of C.M. Window Ex.C1, statement of account Ex.C2, aadhar card of Iqbal Chand Ex.C3, aadhar card of Sukhdev Singh Ex.C4, legal notice Ex.C5, his adhar card Ex.C6, reply cum legal notice Ex.C7, postal receipts Ex.C8 to Ex.C12, application moved to S.P. Sirsa Ex.C13, application moved to Hon’ble Chief Minister of Haryana Ex.C14 and statement of account Ex.C15.

5.                We have heard learned counsel for complainant and have gone through the case file.

6.                Admittedly the complainant is a member of the op no.1 Sirsa Primary Agriculture Society Bank Limited and is having Kissan Credit Card from op no.1 and has also availed loan from the Society.  However, complainant has not explained/ shown that how he is consumer of the ops. The matter regarding non waiving of interest on loan and dispute between member and society cannot be looked into by this Commission. Moreover, the complainant has also leveled allegations of fraud, forgery and misappropriation as well as misbehaving against the ops which also cannot be agitated before this Commission and complainant can seek redressal of his above said grievances before competent court of law. As such present complaint deserves dismissal as same is not maintainable before this Commission.

7.                In view of above, the present complaint is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.

Announced:                             Member      Member                President,

Dated: 04.06.2024.                                                         District Consumer Disputes

                                                                                   Redressal Commission, Sirsa.