District Consumer Disputes RedressalCommission ,Faridabad.
Consumer Complaint No.57/2021.
Date of Institution: 02.02.2021.
Date of Order:10.08.2022.
Param Hans S/o ShriVindhayachal R/o H.No.322, Chawla Colony, Ballabgarh, Faridabad.
…….Complainant……..
Versus
1. M/s. Sahara Credit Co-operative Society Ltd., Regd. Office at Sahara India Bhawan, 1, Kapoorthla Complex , Aliganj, Lucknow, Uttar Pradesh – 226 024 through its Managing Director.
2. M/s. Sahara Credit Co-operative Society Ltd., Regional Office at 100 feet Road, Chawla Colony, Ballabgarh, Faridabad, through its Manager,
3. Shri Ram Chander Gupta Manager, M/s. Sahara Credit Co-operative Society Ltd., Regional Office at 100 feet Road, ChawlaColonly, Ballabgarh, Faridabad.
…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. Kartar Singh Rawat, counsel for the Complainant.
Sh. Bhudutt Kaushik, counsel for opposite parties.
ORDER:
The facts in brief of the complaint are that the complaint had obtained three F.D. policies from opposite parties Nos.1,2& 3 as mentioned below:
i) bearing its receipt No. 80095828137 certificate No. 351000212893 membership No. 24771101510 dated 27.12.2011 for a term plan of 96 months (8 years). The complainant has deposited Rs.19,000/- with the opposite parties and on maturity the amount become Rs.49,628/- with 10% bonus. The date of maturity of the said FD was 27.12.2019.
ii) bearing its receipt No. 80095828138 certificate No. 351000212894 membership No. 24771101510 dated 27.12.2011 for a term plan of 96 months (8 years). The complainant had deposited Rs.12,000/- with the opposite parties and on maturity the amount become Rs.31,344/- with 10% bonus. The date of maturity of the said FD was 27.12.2019.
iii) bearing its receipt No. 80095828139 certificate No. 351000212895 membership No. 24771101510 dated 27.12.2011 for a term plan of 96 months (8 years). The complainant had deposited Rs.19,000/- with the opposite parties and on maturity the amount become Rs.49,628/- with 10% bonus. The date of maturity of the said FD was 27.12.2019.
As per the terms & conditions of the policies mentioned hereinabove, the complainant was entitled to receive a sum of Rs. (49,628 +31,344+49,628) = 1,30,600/- with 10% bonus from the opposite parties on the date of maturity of all three policies i.e. on 27.12.2019. According the complainant on the date of maturity contacted the opposite parties Nos.1,2& 3 several times for getting his maturity amount but the opposite parties were lingering on the payment of the maturity amount on one pretext or the other and failed to make the maturity amount to the complainant till date in spite of the fact that the complainant had deposited all the original documents with the opposite party No.1 as required by them. 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 Rs.(31,344+49,628+49,628) = 1,30,600/- with 10% bonus and interest @ 18% p.a. from the date of maturity till its actual payment from the opposite parties of all the three policies.
a) bearing its receipt No. 80095828137 certificate No. 351000212893 membership No. 24771101510.
b) bearing its receipt No. 80095828138 certificate No. 351000212894 membership No. 24771101510.
c) bearing its receipt No. 80095828139 certificate No. 351000212895 membership No. 24771101510.
II) pay Rs. 50,000/- as compensation for causing mental agony and harassment .
III) pay Rs. 5500 /-as litigation expenses.
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 was not a consumer of the answering opposite parties. There was no relation of consumer and service provider between the complainant and the opposite parties. The opposite parties were society duly registered under “Multi State Co-operative Society Act, 2022” and the complainant was member of the society. Thus relation between the complainant and the opposite parties is of member and society. Therefore, for any dispute between society and member, consumer complaint was not maintainable .In the matter of Ms. Anjana Abraham Chembethil Vs.The Managing Director, The Koothattukulam Farmers Service Cooperative Bank Ltd., NCDRC759 2013)4CPJ 333 (NC). The Hon’ble Commission had held that the consumer for a have no jurisdiction to try the disputes arising between co-operative societies and its members. Section 69 of cooperative societies Act, 1969, Runs as follows:-
‘Chapter IX.
Settlements of disputes:
69:- Disputes to be decided by Cooperative Arbitration Court and Registrar:- 1 Notwithstanding anything contained in any law for the first time being in force. If a dispute arise:-
a) among members; past members or person claiming through members, past members and deceased members.
b) between a member, past member or deceased member and the society, its committee or any officer, agent or employee of the society; Or
c) between the society or its committee and any past committee, any officer, agent or employ or any past officer, past agent or past employ or the nominee, heirs or legal representatives of any deceased officer, deceased agent or deceased employ of the society.
d) between the society and any other society: or
e) between the society and the members of a society affiliated ot it:OR
f) between the society and a person, other than a member of the society, who had been granted a loan by the society or with whom the society had or had business transaction or any person claiming through such a person; or
g) between the society and a surety of a member, past member, deceased member or employ or a person, other than a member, who had been granted a loan by the society, whether such surety was or was not a member of the society OR:
h) between the society and surety and a creditor of the society; such disputes shall be referred to the Cooperative Arbitration court constituted under section 70A, in case non monetary disputes and to the Registrar, in case of monetary disputes and the Arbitration court, Or the Registrar, as the case may be, shall decided such disputes and no other authority, shall have jurisdiction to entertain any suit or other proceeding sin respect of such disputes.
If the complainant who was member of the Society had any grievance or dispute with the society, the complainant was bound to refer her dispute before Arbitrator as per Arbitration agreement under clause: 10 of the scheme Sahara E.Shine scheme, which was reproduced herein as under:
“10. Arbitration:-
In case of any dispute between Cooperative Society and Member account holder the same shall be decided by an arbitration as per “Multi State Co-operative Society Act, 2002”. Arbitration proceeding sand proceedings and proceeding arising out of the award shall be binding on both the parties.”
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 the maturity amount of Rs.(31,344+49,628+49,628) = 1,30,600/- with 10% bonus and interest @ 18% p.a. from the date of maturity till its actual payment from the opposite parties of all the three policies.
a) bearing its receipt No. 80095828137 certificate No. 351000212893 membership No. 24771101510.
b) bearing its receipt No. 80095828138 certificate No. 351000212894 membership No. 24771101510.
c) bearing its receipt No. 80095828139 certificate No. 351000212895 membership No. 24771101510.
II) pay Rs. 50,000/- as compensation for causing mental agony and harassment .
III) pay Rs. 5500 /-as litigation expenses.
To establish his case the complainant has led in his evidence Ex.CW1/A – affidavit of Poonam Hans, Ex.CW1 to 3- receipts, Ex.CW4 – Adhaar 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 Shri Ram Chander S/o late Shri Suresh Chand working as Branchy Manager with opposite party office at : 100ft Road, Chawla Colony, Ballabgarh, District Faridabad.
6. Counsel for the complainant argued that hat the complainant deposited a sum of Rs.19,000/- in fixed deposit with opposite party No.1 vide receipt No. 80095828137 certificate No. 351000212893 membership No. 24771101510 for a term plan of 96 months . On maturity the amount become Rs.49,628/- with 10% bonus vide Ex.CW1. The date of maturity of the said FD was 27.12.2019. As per Ex.CW2, the complainant deposited Rs 12,000/-bearing its receipt No. 80095828138 certificate No. 351000212894 membership No. 24771101510 dated 27.12.2011 for a term plan of 96 months . On maturity the amount become Rs.31,344/- with 10% bonus. The date of maturity of the said FD was 27.12.2019. It is evident from CW3, the complainant deposited Rs.19,000/- bearing its receipt No. 80095828139 certificate No. 351000212895 membership No. 24771101510 dated 27.12.2011 for a term plan of 96 months. On maturity the amount become Rs.49,628/- with 10% bonus. The date of maturity of the said FD was 27.12.2019.
On the other hand, counsel for opposite parties argued that the complainant had contacted with the office of opposite parties at Society to become member and after understanding the bye-laws and objects of society he became member vide membership NO. 2477110510 and being a member of society she had opened a/c. No.24773700608-610 on 27.12.2011 under Sahara E Shine scheme for 96 months at Branch Office, Ballabgarh of Society. He has deposited Rs.50,,000/-. Maturity of account had already been completed on 27.12.2019 but due to excess demand upon the maturity amount by the complainant the said payment could not be made till now.
7. After going through the evidence led by the complainant, the Commission is of the opinion that the complaint is allowed. Opposite parties Nos.1to 3, jointly & severally, are directed to:
1) pay the maturity amount of Rs.(31,344+49,628+49,628) = 1,30,600/- alongwith interest @ 9% p.a. from the date of maturity till its actual payment from the opposite parties of all the three policies.
a) bearing its receipt No. 80095828137 certificate No. 351000212893 membership No. 24771101510.
b) bearing its receipt No. 80095828138 certificate No. 351000212894 membership No. 24771101510.
c) bearing its receipt No. 80095828139 certificate No. 351000212895 membership No. 24771101510.
2) pay Rs.2200/- as compensation for causing mental agony and harassment.
3) 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.
