| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA C.C. No.219 of 06-10-2021 Decided on : 28-09-2023 Veerpal Kaur @ Sukhpreet Kaur D/o Harbans Singh Ro Poohli, District Bathinda Now W/o Jaspal Singh R/o Village Poohli, District Bathinda. ........Complainant Versus The Poohli Multipurpose Co-operative Agri. Service Society Limited, Poohli District Bathinda, through its Secretary. The Registrar, Co-operative Societies, Punjab, Sector-17, Chandigarh.
.......Opposite parties Complaint under Section 35 of the Consumer Protection Act, 2019 QUORUM Sh.R.L Mittal, President Sh.Shivdev Singh, Member Present For the complainant : Sh. Randhir Singh, Advocate. For opposite parties : Sh.Harraj Singh, counsel for OPs. ORDER R.L Mittal, President The complainant Veerpal Kaur @ Sukhpreet Kaur (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 before this Commission against opposite parties The Poohli Multipurpose Co-operative Agri. Service Society Limited and Other (here-in-after referred to as opposite parties). Briefly stated, the case of the complainant is that she is permanent resident of village Poohli. The complainant is member of opposite party No.1 society having account No.2584 and a sum of Rs.28,000/- and Rs.5000/- are lying deposited in the said account of complainant. Opposite party No.1 is registered society under the Societies Act. It is a reputed society. Punjab Government has honoured the secretary of opposite parties on 15-8-2013. Opposite parties in the financial year 2012-13 took the first position in Nabard. As such, they are working under Punjab Government. They are assuring their customers that their money is safe with them and Punjab Government will be responsible for the entire amount payable to their customers. It is alleged that as per Section 38 and condition Nos.13 and 14 of Bye Laws, opposite parties shall be bound to pay the interest upon deposited amount to the customers. It is also alleged that complainant deposited Rs.28,000/- in the shape of FDR No.000337 A/c No.2584 dated 23.1.2013 with interest @ 9% per annum having maturity date 26-1-2014 renewed from time to time and another Rs.5000/- in the shape of FDR No.000270 A/c No.2584 dated 28.5.2012 with interest @ 9% per annum having maturity date 28-5-2013 renewed from time to time It is further alleged that in the first week of January 2021, the complainant approached opposite parties to withdraw the amount of FDR, but they have been postponing the matter on one or other pretext. It was told that they have not sufficient fund in the society to pay the amount. As per complainant, due to non-payment of amount of FDR and saving account, she has been caused mental tension, agony pains. Opposite parties have also failed to provide the services and rather deficient in providing the services. On this backdrop of facts, the complainant has filed this complaint with the prayer for directions to opposite parties to release the payment of FDR Rs. 1,00,000/- as well as Rs. 13,764/- lying deposited in saving bank account, with interest @ 18% per annum from the date of deposit till payment. He has also claimed damages to the tune of Rs.50,000/- and litigation expenses to the tune of Rs.20,000/-. Hence, this complaint. In view of statement suffered by counsel for complainant, names of opposite parties No.2 to 4 and 6 were deleted from the array of opposite parties Upon notice, opposite parties appeared through counsel and contested the complaint by filing joint written version. In the written version, opposite parties have raised legal objections that the complainant has no locus-standi or cause-of-action to file this complaint as she is not a member of opposite party No.1. She has not approached this Commission with clean hands and concealed the facts. On merits, opposite parties have denied all the averments of the complainant and prayed for dismissal of complaint. Parties were asked to produce evidence. In support of her claim, the complainant has tendered into evidence her affidavit, (Ex.C1); photocopies of FDRs, (Ex.C2 to Ex.C5) and closed the evidence. To rebut the claim of the complainant, opposite parties have tendered into evidence affidavit of Major Singh dated 26.9.2023, (Ex.OP1/1) and closed the evidence. We have heard learned counsel for parties and gone through the file carefully. Learned counsel for complainant has reiterated his stand as taken in the complaint and detailed above. It is further submitted by learned counsel for complainant that the complainant has proved that he has deposited amount in the shape of FDRs. Opposite parties have denied this fact mainly for want of knowledge. On the other hand, learned counsel for opposite parties has reiterated his stand as taken in the written version as detailed above. We have given careful consideration to these rival submissions and gone through the file carefully. The complainant has pleaded that he has deposited Rs.28,000/- and Rs.5000/- in the shape of FDRs. To prove this fact, he has placed on record photocopy of Long Term Deposit Receipts, (Ex.C2 to Ex.C5). As per Ex.C2 and Ex.C3, FDR amount is Rs.28,000/- with maturity value of Rs.33,570/- and as per Ex.C4 and Ex.C5, FDR amount is Rs.5000/- with maturity value of Rs.6805/-, but till date said amounts have not been refunded to her without any fault on her part. Opposite parties have not produced any rebuttal evidence to contradict this evidence of the complainant. In the written version also, opposite parties have given evasive reply. Opposite parties were duty bound to make the payment of hard earned amount lying in the shape of FDRs in time. So, there is clear cut deficiency in service on the part of opposite parties. For the reasons recorded above, the complaint is partly accepted with Rs.10,000/- as cost and compensation against opposite parties. Opposite parties are directed to refund the following amount of FDRs with interest admissible to this amount till date of payment :- FDR No.
| Date
| Amount & Due date
| 000337
| 23.1.2013
| Rs.28,000
| 000270
| 28.5.2012
| Rs.5000
|
It is made clear that since the complaint has been filed through Registrar Co-operative Society, this authority will not be personally liable for making payment. The payment is to be made from the account/assets of the society i.e. The Poohli Multipurpose Co-operative Agri. Service Society Limited. The compliance of this order be made within 45 days from the date of receipt of copy of this order. The complaint could not be decided within the statutory period due to heavy pendency of cases and vacancy of post of members. Copy of order be sent to the parties concerned free of cost and file be consigned to the record. Announced:- 28-09-2023 - (R.L Mittal)
President (Shivdev Singh) Member
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