DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No.140 of 24.8.2020

                                      Decided on:         16.7.2021

Raj Dulari wife of Tirath Ram, age about 68 years, resident of House No.771, Tafazalpura, Patiala. 147001.

                                                                   …………...Complainant

                                      Versus

1. Sahara Credit Cooperative Society Limited, Sahara India Bhawan, 1, Kapurthala Complex, Aliganj, Lucknow-226024, through its M.D.
2. Sahara Credit Cooperative Society Limited, Sahara India Privar, Near Sethi Sales Corporation, Opposite Polo ground, Patiala through its Manager.

                                                                   …………Opposite Parties

                                      Complaint under Section 35 of the

                                      Consumer Protection Act, 2019.

QUORUM

                                      Sh. Jasjit Singh Bhinder, President

                                      Sh.Vinod Kumar Gulati, Member    

ARGUED BY

                                      Sh.M.L.Sharma, counsel for complainant.

                                      Sh.Dhiraj Puri,counsel for OPs.                                    

 ORDER

                                      JASJIT SINGH BHINDER,PRESIDENT

1. This is the complaint filed by Raj Dulari (hereinafter referred to as the complainant) against Sahara Credit Cooperative Society Limited and another (hereinafter referred to as the OP/s) under the Consumer Protection Act, 2019(hereinafter referred to as the Act).
2. Briefly the case of the complainant is that the OPs launched a saving scheme namely Sahara .A. Select and Sahara .E. Shine  in the shape of FDRs. It is averred that the complaint opted the scheme Sahara .A. Select and vide membership No.25921700121 deposited an amount of Rs.19,000/-, Rs.19,000/- and Rs.12000/- in account Nos.25926700922, 25926700923 and 25926700924 respectively on 8.8.2017 for the period of 18 months and OPs issued certificates Nos.925006311210, 925006311211 and 925006311212 in this regard.
3. It is further averred that son of the complainant namely Naresh Sangia also adopted  the scheme Sahara .E. Shine and vide membership No.25921200840 deposited an amount of Rs.1,55,500/- in account No.25924201304 on 16.7.2012 for the period of 96 months and OPs issued certificate No.35100 5701972 in this regard.
4. It is further averred that son of the complainant transferred the aforesaid certificate for crediting the maturity amount in the name of complainant and the OPs issued receipt No.08057 3881333 dated 23.4.2016 in this regard. Thus total amount of Rs.2,05,000/- was deposited by the complainant and his son.
5.  It is averred that the after due date of the said deposits the complainant visited the office of the OPs several times for getting the maturity amount of Rs.22097/-, 22097, 13956/- and 4,06,116/- but the OPs did not pay any amount which caused lot of mental agony and harassment to the complainant. There is thus deficiency in service on the part of the OPs. Hence this complaint with the prayer for giving direction to the OPs to release the maturity amount of Rs. 4,64,316/-alongwith 9% per annum interest from the date of maturity till realization and also to pay Rs.25,000/-as compensation and Rs.10,000/- as litigation expenses.
6. Upon notice OPs appeared through counsel and contested the complaint by filing written reply having raised preliminary objections that the complainant  has not approached this Commission with clean hands ; that this Commission has no territorial jurisdiction as Sahara Credit Cooperative Society Limited is duly registered society and the complainant is a member of Society, thus the relation between the parties  is of Member and Society and as such complaint is not maintainable and is liable to be dismissed.
7. On merits, it is submitted that complainant himself contacted the office of the OPs to become member of society and after fully understanding the by-laws and objects of the society became the Member of society and deposited the amount in question in different FDRs i.e. Sahara E Shine. He also understood the terms and conditions of the scheme.The complainant has no right to claim against the terms of agreement. There is thus no deficiency in service on the part of the OPs. After denying all other averments made in the complaint, the OPs prayed for dismissal of the complaint.
8. In support of the complaint, the ld. counsel has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Ex.C1 to Ex.C5 and closed the evidence.
9. On the other hand, the ld. counsel for the OPs has tendered in evidence Ex.OPA affidavit of Rajesh Kumar Shukla, Sector Manager alongwith documents Exs.OP1 and OP2 and closed the evidence.
10. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
11. The ld. counsel for the complainant has argued that the OPs launched a saving scheme and complainant and his son deposited total amount of Rs.2,05,000/- with them and after maturity Rs.4,64,316/- was to be paid on the date of maturity. The ld. counsel further argued that after due date nothing has been paid despite making several requests to the OPs .So the complaint be allowed.
12. On the other hand, the ld. counsel for the OPs has argued that the complainant is not a consumer as such the complaint be dismissed.
13. To prove his case, the complainant has tendered her affidavit,Ex.CA and has deposed as per the complaint, Ex.C1 to Ex.C3 are the membership certificates vide which complainant Raj Dulari deposited the amount, Ex.C4 is the membership certificate vide which Naresh Sangia deposited the amount of Rs.1,55,500/-,Ex.C5 is the document vide which Rs.1,55,500/- was transferred from the account No.25924201304  to be credited in the account of Raj Dulari.
14. On the other hand, the ld. counsel for the OPs has tendered in evidence affidavit, Ex.OPA of Rajesh Kumar Shukla, who has deposed as per the written reply,Ex.OP1 is the authority letter, Ex.OP2 is terms and conditions of Sahara .E.Select form.
15. From the documents, it is clear that the OPs have played a fraud with the complainant as the complainant has deposited the amount with them but after maturity till date no amount was paid by the OPs. Vide certificate Exs.C1& C2, Rs. 19000/-was deposited on 8.8.2017. In these certificate maturity amount of Rs.22097/- each has been mentioned to be paid on 8.8.2019. Similarly vide Ex.C3 Rs.12000/- was deposited on 8.8.2017. In this certificate maturity amount of Rs.13956/- has been mentioned to be paid on 8.2.2019. Ex.C4 is the certificate issued in the name of Naresh Sangia, who deposited Rs.1,55,500/- on 16.7.2012. In this certificate also maturity amount has been mentioned as Rs.4,06,166/- to be paid on 16.7.2010. Vide Ex.C5 amount of Rs.1,55,500/- was transferred to be credited in the account of Raj Dulari. However, after due date the OPs failed to pay any amount to the complainant. There is thus deficiency in service on the part of the OPs and they are liable to pay the maturity amount to the complainant alongwith interest.
16. So due to our above discussion, the complaint is allowed and the OPs are directed to pay the maturity amount of Rs.22097/-, 22097/- and 13956/- to the complainant alongwith interest @ 6% per annum from the date of maturity 8.2.2019 and Rs.4,06,166/-from the date of maturity 16.7.2020 till realization. The OPs are further directed to pay Rs.10,000/- as compensation and further Rs.10,000/- as litigation expenses to the complainant.
17. Compliance of the order be made by the OPs within a period of 45 days from the date of the receipt of the certified copy of this order.

ANNOUNCED

DATED:16.7.2021

                                           Vinod Kumar Gulati                   Jasjit Singh Bhinder

                                                   Member                           President