DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.
Complaint Case No : 611/2016
Date of Institution : 12.08.2016
Date of Decision : 14.06.2017
Kiranpal Kaur aged about 28 years wife of Sh. Harjinder Singh resident of Ward No. 8, Near Shiv Mandir, Kulrian Road, Bareta, Tehsil Budhlada, District Mansa.
…Complainant
Versus
1. Lotus Agricultural and Marketing Co-operative Society Limited, Registered Office 605-A, Pearls Business Park, D-7, Neta Ji Subhash Place, Pitampura, New Delhi-11034 through its Authorized Signatory/ Managing Director.
2. Lotus Agricultural and Marketing Co-operative Society Limited, Superdenti Mohalla, DSP Office Wali Gali, Barnala, through its Branch Manager.
…Opposite Parties
Complaint Under Section 12 of Consumer Protection Act, 1986.
Present: Sh. Dhiraj Kumar counsel for complainant
Sh. DS Dhaliwal counsel for opposite parties.
Quorum.-
1. Shri S.K. Goel : President
2. Ms. Vandna Sidhu : Member
3. Shri Tejinder Singh Bhangu : Member
ORDER
(SHRI S.K. GOEL PRESIDENT):
The complainant Kiranpal Kaur wife of Harjinder Singh has filed the present complaint against Lotus Agricultural and Marketing Cooperative Society Limited, New Delhi opposite party No. 1 and Lotus Agricultural and Marketing Cooperative Society Limited Barnala opposite party No. 2 under Consumer Protection Act, 1986. (In short the Act).
2. The brief facts of the case are that the complainant invested a total sum of Rs. 1,00,000/- in cash with the opposite parties through FDR on 23.5.2013 and it was agreed that the opposite parties will pay a sum of Rs. 1,80,000/- on 23.5.2020 and in lieu of this the opposite parties issued a membership/receipt bearing registration No. LNM469000002227 and receipt No. F000002227.
3. It is alleged that the complainant was in the need of money and therefore as per terms and conditions of the agreement she went to the office of opposite party No. 2 in the month of July 2016 and tried to submit the membership/receipt in the office of opposite party No. 2 and also requested to surrender her policy and to release an amount of Rs. 1,00,000/- alongwith interest. However opposite party No. 2 refused to accept the policy. Therefore the complainant issued a legal notice. It is further alleged that despite visiting the office of opposite party No. 2 many times, the opposite party failed to pay the said amount. Hence the present complaint is filed seeking the following reliefs.-
1) The opposite parties are directed to make the payment as per agreement of Rs. 1,00,000/- alongwith interest.
2) To pay Rs. 5,000/- as compensation and Rs. 3,000/- as litigation expenses.
4. Upon notice of this complaint Sh. D.S. Dhaliwal Advocate appeared on behalf of opposite parties and filed written version taking preliminary objections interalia on the grounds that complainant is not a consumer, not maintainable, no jurisdiction, no deficiency in service, matter be adjudicated to the Arbitrator, no locus standi, questions of facts and law are involved, not approached this Forum with clean hands, no cause of action and abuse of process of law.
5. On merits, it is submitted that opposite parties is a society vide Registration No. MSCS/CR/608/2012 dated 28.8.2012 and doing agricultural activities and complainant express her interest in agricultural works and deposited an amount of Rs. 1,00,000/-. The opposite parties not issuing any policy to its members as alleged by the complainant. The complainant never visited the office of the opposite parties. There is no deficiency in service and unfair trade practice on the part of the opposite parties. The opposite parties denied the other allegations of the complainant and finally prayed for the dismissal of the complaint.
6. In order to prove her case, the complainant has tendered into evidence her own affidavit Ex.C-1, copy of receipt cum policy Ex.C-2, copy of legal notice alongwith postal receipt Ex.C-3 and closed the evidence. The opposite parties have not tendered any evidence to rebut the case of the complainant.
7. We have heard the learned counsel for the parties and also perused the record on the file.
8. In order to prove her case the complainant has specifically stated in her affidavit Ex.C-1 that she invested a total sum of Rs. 1,00,000/- in cash with the opposite parties through FDR on 23.5.2013 and it was agreed that the opposite parties will hand over an estimated amount of Rs. 1,80,000/- on 23.5.2018 and the opposite parties also issued a nominal membership/receipt No. LNM469000002227 and receipt No. F000002227. The complainant further stated that since she was in need of money therefore she went to the office of opposite party No. 2 and requested to surrender her policy for release of Rs. 1,00,000/- alongwith interest but opposite party No. 2 lingered on the matter on one pretext or the other. Besides her affidavit the complainant has also placed on record copy of receipt Ex.C-2 showing one time deposit of Rs. 1,00,000/- on 23.5.2013 at Barnala office through cheque drawn on Union Bank of India and it was also mentioned that after five years the estimated amount of Rs. 1,80,000/- will be given. Apart from these the complainant has placed on record the legal notice Ex.C-3 issued to the opposite parties stating the entire case.
9. The opposite parties have failed to tender any evidence to deny said deposit. The receipt Ex.C-2 does not show any such condition, which may show that the complainant cannot withdraw the deposited amount before the expiry of five years. Even, the opposite parties failed to place on record any agreement between the parties to indicate that in case of premature withdrawal the amount can be forfeited.
10. Principles of natural justice and equity also provide that no innocent person should suffer or lose his/her hard earned money from any powerful businessman, builder, real estate company or financial institution. Moreover, it is proved that the complainant has deposited Rs. 1,00,000/- with them and there is nothing on record to indicate that the opposite parties are entitled to forfeit the invested amount before the expiry of five years.
11. As the evidence produced by the complainant is un-rebutted, therefore the present complaint is accepted to the extent that the opposite parties are directed to pay Rs. 1,00,000/- (the deposited amount) to the complainant alongwith interest @ 8% per annum from the date of deposit till realization. The opposite parties are further directed to pay Rs. 2,000/- as compensation and Rs. 1,100/- as litigation expenses. This order shall be complied with within 30 days from the date of the receipt of this order. Copy of this order be supplied to the parties free of costs. The file be consigned to the record.
ANNOUNCED IN THE OPEN FORUM:
14th Day of June 2017
(S.K. Goel)
President
(Vandna Sidhu)
Member
(Tejinder Singh Bhangu)
Member
